10:00 AM

2:16-21038


Gilberto Velazquez


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [PP]


MECHANICS BANK VS

DEBTOR fr. 11-28-17

Lawrence Boivin to appear by telephone


Docket 25


Tentative Ruling:

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

CONT...


Gilberto Velazquez


Chapter 13

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.

Party Information

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

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#2.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION VS

DEBTOR


Docket 93


Tentative Ruling:

None.

Party Information

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

2:15-12871


Anthony Rudolph Torres and Monica Torres

Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [PP]


KIA MOTORS FINANCE VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 24


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Anthony Rudolph Torres and Monica Torres


Chapter 13

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

2:15-26719


Peter J Dragaloski and Lara Mae Dragaloski

Telephonic Hearing


Chapter 13

#4.00 Motion for relief from stay [PP]


BANK OF AMERICA, N.A. VS

DEBTOR


Magan E. Lees to appear by telephone


Docket 33


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Peter J Dragaloski and Lara Mae Dragaloski


Chapter 13

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

2:16-12023


Bridget Louise Cook


Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [PP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Magan E. Lees to appear by telephone


Docket 62


Tentative Ruling:

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

CONT...


Debtor(s):


Bridget Louise Cook


Party Information


Chapter 13

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

2:17-18720


Monica Teresa Alvarado

Telephonic Hearing


Chapter 13

#6.00 Motion for relief from stay [PP]


KIA MOTORS FINANCE VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 23


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Monica Teresa Alvarado


Chapter 13

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

2:17-18945


Gerald Edward Young


Chapter 13


#7.00 Motion for relief from stay [PP]


REGIONAL ACCEPTANCE CORPORATION VS

DEBTOR


Docket 32


Tentative Ruling:

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.

Party Information

Debtor(s):

Gerald Edward Young Represented By Erika Luna

10:00 AM

CONT...

Movant(s):


Gerald Edward Young


Chapter 13

REGIONAL ACCEPTANCE Represented By

Michael D Vanlochem

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-21971


John Julian Kelly and Monica Lorrain Kelly

Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [PP]


WELLS FARGO BANK, N.A. VS

DEBTOR


John H. Kim to appear by telephone


Docket 16


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


John Julian Kelly and Monica Lorrain Kelly


Chapter 13

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

2:12-24114


Eddie Charles Jackson and Verletta M Jackson


Chapter 13


#9.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NA VS

DEBTOR


fr. 10-10-17; 11-14-17


Docket 57


Tentative Ruling:

None.

Party Information

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

2:12-34295


Gregory Alexander Athans and Haydee Athans

Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


DEUSCHE BANK TRUST COMPANY AMERICAS

VS DEBTOR


fr. 10-31-17; 11-28-17


Erin M. McCartney to appear by telephone


Docket 56


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Gregory Alexander Athans and Haydee Athans


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:12-41735


Tony Frias, Jr.


Chapter 13


#11.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr. 12-12-17

Stipulation resolving motion filed 12/13/17


Docket 131

*** VACATED *** REASON: O/E 12-14-17 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:13-21467

Wendy Alicia Scott

Chapter 13

#12.00 Motion for relief from stay [RP] WELLS FARGO BANK

VS DEBTOR


fr 12-5-17


Docket 34


Tentative Ruling:

None.

Party Information

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

2:13-37592


Neil Q De Vela


Telephonic Hearing


Chapter 13

#13.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR fr. 11-7-17

Dane Exnowski to appear by telephone


Docket 51

*** VACATED *** REASON: O/E 11-29-17 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:14-18718


Vilma Reginaldo Sakha and Sahat Manafpour Sakha

Telephonic Hearing


Chapter 13

#14.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr 12-5-17

Erin M. McCartney to appear by telephone


Docket 62


Tentative Ruling:

None.

Party Information

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

2:14-30273


Lady B. Del Rio


Chapter 13


#15.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


fr. 10-10-17; 11-7-17

fr 12-5-17


Docket 28


Tentative Ruling:

None.

Party Information

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

2:14-31348


Marcesa Vega


Chapter 13


#16.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR fr. 11-14-17


Docket 41

*** VACATED *** REASON: O/E 12/7/17 - SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:15-14112


Arash Akmal


Telephonic Hearing


Chapter 13

#17.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 11-7-17

Dane Exnowski to appear by telephone


Docket 72


Tentative Ruling:

None.

Party Information

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

2:15-18982


Amanda Faith Howard


Chapter 13


#18.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR fr. 11-28-17

Docket 50


Tentative Ruling:

None.

Party Information

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

2:15-19845


Salvatore Di Costanzo


Chapter 13


#19.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR


fr. 10-31-17; 11-28-17


Docket 58

*** VACATED *** REASON: O/E 12-11-17 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:15-25632


Elliott Van Buren Thomas and Barbara Jo Thomas


Chapter 13


#20.00 Motion for relief from stay [RP]


FEDERAL NATIONAL MORTGAGE ASSOCIATION

VS DEBTOR


fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17


Docket 42


Tentative Ruling:

None.

Party Information

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

2:15-29393


Jesus Alvarado Miranda and Guadalupe Miranda


Chapter 13


#21.00 Motion for relief from stay [RP]


FEDERAL NATIONAL MORTGAGE ASSOCIATION

VS DEBTOR


fr. 11-14-17


STIPULATION TO SETTLE FILED 1-4-18


Docket 26

*** VACATED *** REASON: o/e 1-4-18 -SETTLED BY STIPULATION

Tentative Ruling:

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

CONT...


Jesus Alvarado Miranda and Guadalupe Miranda

The movant shall upload an appropriate order via the Court’s LOU


Chapter 13

system.


Debtor(s):


Party Information

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

2:16-27002


Juan Jose Soria Jimenez and Maria Del Carmen Duran

Telephonic Hearing


Chapter 13

#22.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


fr. 11-14-17; 12-12-17


Erin M. McCartney to appear by telephone


Docket 22

*** VACATED *** REASON: O/E 12/28/17 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

CONT...


Juan Jose Soria Jimenez and Maria Del Carmen Duran


Chapter 13

10:00 AM

2:17-10751


Ouida Michiko Woods


Chapter 13


#23.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


fr. 10-31-17; 11-28-17


Docket 21


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Ouida Michiko Woods


Chapter 13

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

2:13-34971


William M King and Hattie King

Telephonic Hearing


Chapter 13

#24.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Daniel K. Fujimoto to appear by telephone


Docket 57


Tentative Ruling:

None.

Party Information

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

2:14-29381


Carlos Guardado and Jennie Reese


Chapter 13


#25.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 59

*** VACATED *** REASON: O/E 12-13-17 CONTINUED TO 2-6-18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

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

2:15-15662


Richard Preciado and Alma Jezabel Preciado


Chapter 13


#26.00 Motion for relief from stay [RP]


BANK OF AMERICA, N.A. VS

DEBTOR


Docket 40

*** VACATED *** REASON: O/E 12/28/17 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:15-17636

Irma Gloria Barragan

Chapter 13


#27.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Docket 25


Tentative Ruling:

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.

Party Information

Debtor(s):

Irma Gloria Barragan Represented By Joshua L Sternberg

10:00 AM

CONT...

Movant(s):


Irma Gloria Barragan


Chapter 13

HSBC Bank USA, National Represented By Brandye N Foreman

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-10267


Zohrab Wartkes Hairic


Chapter 13


#28.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 50

*** VACATED *** REASON: O/E 1-3-18 - SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:16-20690


Gina Maria Dapremont

Telephonic Hearing


Chapter 13

#29.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Daniel K. Fujimoto to appear by telephone


Docket 57


Tentative Ruling:

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.


Party Information

Debtor(s):

Gina Maria Dapremont Represented By

10:00 AM

CONT...


Movant(s):


Gina Maria Dapremont


Devin Sawdayi


Chapter 13

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

2:17-11204


Ronny Heredia and Maria Aracely Heredia

Telephonic Hearing


Chapter 13

#30.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR


Gilbert R. Yabes to appear by telephone


Docket 30


Tentative Ruling:

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.


Party Information

Debtor(s):

Ronny Heredia Represented By

10:00 AM

CONT...


Ronny Heredia and Maria Aracely Heredia

William G Cort


Chapter 13

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

2:17-16162


Gustavo Carrera and Maria Estela Gonzalez


Chapter 13


#31.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Docket 31

*** VACATED *** REASON: O/E 1-4-18 - SETTLED BY STIPULATION

Tentative Ruling:

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.


Party Information

10:00 AM

CONT...

Debtor(s):


Gustavo Carrera and Maria Estela Gonzalez


Chapter 13

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

2:17-20789


Jose Hernandez


Telephonic Hearing


Chapter 13

#32.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Daniel K. Fujiomoto to appear by telephone


Docket 42


Tentative Ruling:

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

CONT...


Jose Hernandez

The movant shall upload an appropriate order via the Court’s LOU


Chapter 13

system.


Debtor(s):


Party Information

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

2:17-22875


Isidoro Orejel


Telephonic Hearing


Chapter 13

#33.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Case dismissed 12/27/17


Erin M. McCartney to appear by telephone


Docket 15


Tentative Ruling:

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

CONT...


Isidoro Orejel


Chapter 13

system.


Party Information

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

2:17-23676


Debra Jawa


Chapter 13


#34.00 Motion for relief from stay [rp]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 15


Tentative Ruling:

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

CONT...


Debra Jawa


Chapter 13

Movant shall upload an appropriate order via the Court’s LOU system.


Party Information

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

2:17-23771


Pamela Jean Smith-Cunningham


Chapter 13


#35.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Case dismissed 11/27/17


Docket 14


Tentative Ruling:

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

CONT...


Debtor(s):


Pamela Jean Smith-Cunningham

Party Information


Chapter 13

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

2:17-23833


Jose L Aguila


Chapter 13


#36.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 17


Tentative Ruling:

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

CONT...


Jose L Aguila


Chapter 13


Movant shall upload an appropriate order via the Court’s LOU system.



Party Information

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

2:17-23862


Jun Li


Telephonic Hearing


Chapter 13

#37.00 Motion for relief from stay [RP]


PROF-2013-M4 LEGAL TITLE TRUST VS

DEBTOR


Case dismissed 12/27/17


Magan E. Lees to appear by telephone


Docket 9


Tentative Ruling:

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

CONT...


Jun Li


Chapter 13

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.


Party Information

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

2:17-23975


Julian D Domingo


Telephonic Hearing


Chapter 13

#38.00 Motion for relief from stay [RP]


AEGIS ASSET BACKED SECURITIES,, LLC VS

DEBTOR


RE: 11511 Banyan Rim Dr. Whittier, CA Julian K. Bach to appear by telephone

Docket 18


Tentative Ruling:

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

CONT...


Julian D Domingo


Chapter 13


Movant shall upload an appropriate order via the Court’s LOU system.


Party Information

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

2:17-23975


Julian D Domingo


Chapter 13


#39.00 Motion for relief from stay [RP]


AEGIS ASSET BACKED SECURITIES, LLC VS

DEBTOR


RE: 713 W Colden Ave, Los Angeles, California


Docket 16


Tentative Ruling:

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

CONT...


Julian D Domingo


Chapter 13


Party Information

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

2:17-21174


Andrew Babakhanlou


Chapter 13


#40.00 Motion for relief from stay


VREJ ISSAGOULIAN VS

DEBTOR


Docket 29


Tentative Ruling:

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.



Party Information

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

2:17-24379


Rudy Roads Torres


Chapter 13


#41.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 11

*** VACATED *** REASON: O/E 12-13-17 GRANTING MOTION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:16-18448


George G Washington


Telephonic Hearing


Chapter 7

#42.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Lior Katz to appear by telephone


Docket 171


Tentative Ruling:

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

CONT...


George G Washington


Chapter 7

relief is denied.


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:17-25106


William Anderson and Gloria Bell Anderson


Chapter 7


#43.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 5


Tentative Ruling:

None.

Party Information

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

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#44.00 Motion for relief from stay


MOISES GARCIA VS

DEBTOR


Vanessa M. Haberbush to appear by telephone


Docket 129


Tentative Ruling:

None.

Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#45.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 32


Tentative Ruling:

None.

Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#46.00 Motion for relief from stay


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 29


Tentative Ruling:

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

CONT...


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


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.

Party Information

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

2:17-14474


Omar Garcia


Chapter 13


#47.00 Motion for relief from stay [RP]


BANK OF AMERICA, N.A. VS

DEBTOR


Docket 38


Tentative Ruling:

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.

Party Information

Debtor(s):

Omar Garcia Represented By

Raymond Perez

10:00 AM

CONT...

Movant(s):


Omar Garcia


Chapter 13

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

2:17-22322


Haile Earnel Williams


Chapter 13


#48.00 Motion for relief from stay [RP]


JOHN CHARCHIAN VS

DEBTOR


Docket 15


Tentative Ruling:

None.

Party Information

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

2:17-25040


Tinatenae Rochell Dolloway


Chapter 13


#49.00 Motion for relief from stay [UD]


DAVID OWENS VS

DEBTOR


Docket 11


Tentative Ruling:

None.

Party Information

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

2:17-18114


Fariborz Rafael


Chapter 11


#50.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 9-7-17


Docket 22

*** VACATED *** REASON: O/E 12/21/17 CONTINUED TO 1/18/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-25030

Ruben D Chong Ramirez

Chapter 13


#51.00 Motion for relief from stay [UD]


OCEAN DEVELOPMENT, INC VS

DEBTOR


Docket 8


Tentative Ruling:

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

CONT...


Debtor(s):


Ruben D Chong Ramirez

Party Information


Chapter 13

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

2:17-25031


Sir Arthur Conan Doyle


Chapter 13


#52.00 Motion for relief from stay [UD]


VALERIY KARAKENYAN VS

DEBTOR


Docket 12


Tentative Ruling:

None.

Party Information

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

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516

Villas Del Rey Condominium Assoc. v. Roshan

Telephonic Hearing

#1.00 Status Conference re Complaint to determine dischargeability of debt and deny discharge


Lane K. Bogard to appear by telephone Dennis E. McGoldrick to appear by telephone

Docket 1


Tentative Ruling:

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.

Party Information

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

2:17-18459


Eddy J Cruz


Chapter 7

Adv#: 2:17-01511

Acevedo et al v. Cruz

Telephonic Hearing

#2.00 Status Conference re Complaint to determine dischargeability of debt


David B. Lally to appear by telephone


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Eddy J Cruz


Chapter 7

Maria Guadalupe Ramos Represented By David Brian Lally

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:17-18258


Michael Torres


Chapter 13

Adv#: 2:17-01498 Faillace et al v. Torres et al


#3.00 Status Conference re Complaint to determine dischargeability of debt


Docket 1

Tentative Ruling:

Plaintiff is to explain why a joint status report has not been filed prior to the status conference.

Party Information

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

2:16-24804


William Dulany Hill


Chapter 7

Adv#: 2:17-01138 Clipperjet, Inc. v. Hill


#4.00 Pre-Trial Conference re Complaint to determine nondischargeability of debt


fr. 4-4-17; 11-7-17


Docket 1

*** VACATED *** REASON: O/E 1-4-18 ADVERSARY DISMISSED

Tentative Ruling:

The parties have filed a stipulation to dismiss this adversary proceeding with prejudice. The pretrial conference is OFF CALENDAR. Appearances waived.

Party Information

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

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01539 Federal Trade Commission v. Dayer et al


#5.00 Status Conference re Complaint for non-dischargeability of debt owed to Federal Trade Commission


Docket 1

*** VACATED *** REASON: O/E 12-22-17 CONTINUED TO 2/27/18 @ 2:00 PM

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01496 Wolkowitz v. Garcia


#5.10 Motion for Default Judgment Under LBR 7055-1


Docket 9


Tentative Ruling:

None.

Party Information

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01496 Wolkowitz v. Garcia


#6.00 Status Conference re Complaint against Debtor for Denial of Discharge


Clerk Has Entered Default Against Defendant(s) Marco Antonio Garcia


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al


#7.00 Motion To Strike Defendant Marco Antonio Garcia's Answer And Enter Default


fr. 11-7-17; 12-12-17


Docket 25


Tentative Ruling:

None.

Party Information

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

CONT...


Marco Antonio Garcia


Monica Y Kim


Chapter 7

2:00 PM

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al


#8.00 Status Conference re Complaint for declaratory relief

Clerk Has Entered Default Against Defendant(s) Jose Gomez Clerk Has Entered Default Against Defendant(s) Eco Modular, Inc


fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Marco Antonio Garcia


Chapter 7

Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:14-15249


Luisa Urias


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17; 11-15-17


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Luisa Urias Represented By

Rebecca Tomilowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-16469


J. Craig Fostrey


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17


Docket 103


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

J. Craig Fostrey Represented By Tamar Terzian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-17630


Juan Almanza and Rosanna Almanza


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-17636


Mario Santana Navarro and Karla Cecilia Lopez


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-26355


Fausto Trajano Cordova


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 11-1-17


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Fausto Trajano Cordova Represented By Raymond J Seo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-26798


Odon Dela Cruz Salvacion and Eliza R. Salvacion


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-26926


Tomacka Thrasher


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tomacka Thrasher Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-28929


Isaias L Ferrer


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Under 11 U.S.C §1307(c)


fr 11-1-17


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Isaias L Ferrer Represented By Justin D Graham

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10647


Reid Jeffrey Osherow


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17

11-15-17


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reid Jeffrey Osherow Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 7-5-17; 9-6-17; 11-15-17


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11355


Eduardo Ponce


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 1/10/18


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eduardo Ponce Represented By Stephen S Smyth William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-22749


Catherine Mireles


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 11-15-17


Docket 87


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Catherine Mireles Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-24254


Garcia Amelia


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Garcia Amelia Represented By Michael V Jehdian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-37638


Isidoro Landeros


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Isidoro Landeros Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-39073


Guadalupe Ramirez Maldonado


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 59

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 1/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Guadalupe Ramirez Maldonado Represented By Patricia A Mireles

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-41087


Santos Velasquez Ramiro, Jr. and Fe Troncoso Ramiro


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 51

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 12/28/17

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:12-41607


John Arthur Kujawa


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 16

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 12/15/17

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Arthur Kujawa Represented By Jeffrey N Wishman

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-43527


Josephine Bonita Isabel-Jones


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Josephine Bonita Isabel-Jones Represented By

Makoto Shuttleworth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-50653


Sharon Rebecca Beatty


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 59


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sharon Rebecca Beatty Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-33373


Mark Logan and Patricia Logan


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-34971


William M King and Hattie King


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 52

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 1/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-37517


Laszlo Nemeth


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Laszlo Nemeth Represented By

R Grace Rodriguez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-11799


Laura Hernandez


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 135

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 1/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura Hernandez Represented By Michael F Frank

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-15060


Toney Leon Davis


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Toney Leon Davis Represented By Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-19241


Francisco Gilbert Valdivia


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Francisco Gilbert Valdivia Represented By James C Shields

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-26852


Abelardo Ramirez


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 58

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 12/15/17

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Abelardo Ramirez Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-33017


Arlinda Cleopatra Miller


Chapter 13


#27.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 21


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Arlinda Cleopatra Miller Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-10453


Vena Marie Rubalcaba


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-10487


Betty Louise Thorpe


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betty Louise Thorpe Represented By

Michelle A Marchisotto Sundee M Teeple

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-15103


Oscar Antonio Fashen


Chapter 13


#30.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Oscar Antonio Fashen Represented By

Jerome Bennett Friedman

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-15171


Henry L Jackson and Carolyn L Jackson


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-15466


Julie Ann Angulo


Chapter 13


#32.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 38

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 12/15/17

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Julie Ann Angulo Represented By Steven Ibarra

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21104


Junaya Sherri Canton


Chapter 13


#33.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Junaya Sherri Canton Represented By Chelsea A Ryan Rabin J Pournazarian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26292


Kathy M. Ulloa


Chapter 13


#34.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 18

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 1/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kathy M. Ulloa Represented By Christian T Spaulding

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-17071


Luis Humberto Parada


Chapter 13


#35.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 44

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 12/26/17

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luis Humberto Parada Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-24063


Floretta K Manning


Chapter 13


#36.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Floretta K Manning Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-21996


Sean Beattie and Christel Beattie


Chapter 13


#37.00 Motion to modify plan or suspend plan payments fr. 9-20-17

fr 11-1-17


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-21996


Sean Beattie and Christel Beattie


Chapter 13


#38.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-5-17;8-23-17; 9-20-17

fr 11-1-17


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-17444


Jorge Oswaldo Obregon


Chapter 13


#39.00 Motion to modify plan or suspend plan payments


Docket 230


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-15751


Stephen Michael Bauer


Chapter 13


#40.00 Motion to modify plan or suspend plan payments


Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Stephen Michael Bauer Represented By Kevin T Simon

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13550


Erin Baldwin


Telephonic Hearing


Chapter 13

#40.10 Motion to Withdraw as Attorney


David B Lally to appear by telephone Samuel A Moniz to appear by telephone


Docket 74


Tentative Ruling:

None.

Party Information

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

2:17-13550


Erin Baldwin


Chapter 13


#41.00 Motion to vacate order Granting Relief From Stay


fr 12-13-17


Docket 72


Tentative Ruling:

None.

Party Information

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

2:16-21075


Benjie L Knox


Telephonic Hearing


Chapter 13

#42.00 Motion to vacate order Granting Relief from the Automatic Stay


Brandye Forman to appear by telephone


Docket 47


Tentative Ruling:

None.

Party Information

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

2:12-24114


Eddie Charles Jackson and Verletta M Jackson


Chapter 13


#43.00 Debtor's Motion for hardship discharge


Docket 62


Tentative Ruling:

None.

Party Information

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

2:12-24114


Eddie Charles Jackson and Verletta M Jackson


Chapter 13


#44.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 7-12-17; 10-11-17; 11-15-17


Docket 53


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-18258


Michael Torres and Carla Torres


Chapter 13


#45.00 Order to Show Cause re: Conversion or dismissal with 180-day bar


Docket 49


Tentative Ruling:

None.

Party Information

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

2:17-18258


Michael Torres and Carla Torres


Chapter 13


#46.00 Motion for Authority to Sell or Refinance Real Property under LBR 3015-1


fr 12-13-17


Docket 38


Tentative Ruling:

None.

Party Information

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

2:17-23086


Sandra Marie Piernas


Chapter 13


#47.00 Motion For Order Granting Debtor Relief from the Requirements of 11 USC Sections 109(h)(1), 1328(g)(1), and Authorization to Sign Bankruptcy Papers and Appear at The Meeting of Creditors


Docket 15


Tentative Ruling:

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.

Party Information

Debtor(s):

Sandra Marie Piernas Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-23086


Sandra Marie Piernas


Chapter 13


#48.00 Motion for Appointment of Debtor's Next Friend, Lamarr Piernas


Docket 16

Tentative Ruling:

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.

Party Information

Debtor(s):

Sandra Marie Piernas Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21533

Darryl M Jones

Telephonic Hearing

Chapter 13

#48.10 Emergency motion for damages for violation of the automatic stay


Case dismissed 12/28/17


Nichole L Glowin to appear by telephone


Docket 20


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Darryl M Jones Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-20873


David John Bautista, Jr. and Adelle Marie Bautista


Chapter 13


#49.00 Motion RE: Objection to Claim Number 13 by Claimant OneMain Financial, Inc.


Docket 33


Tentative Ruling:

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.


Party Information

Debtor(s):

David John Bautista Jr. Represented By David Lozano

Joint Debtor(s):

Adelle Marie Bautista Represented By David Lozano

1:30 PM

CONT...

Trustee(s):


David John Bautista, Jr. and Adelle Marie Bautista


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-12748


Cesar Edward Hernandez and Cynthia Marie Hernandez


Chapter 13


#50.00 Objection to claim # 2, 8 by Claimant Arrowhead Credit Union; The Best Service Company , Inc.


Docket 23


Tentative Ruling:

None.

Party Information

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

2:17-12938


Hilario Gomez and Margarita Gomez


Chapter 13


#51.00 Objection to Debtor's Claim of Exemption


Docket 82


Tentative Ruling:

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.

Party Information

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

2:17-21996


Leon Massoth


Chapter 13


#52.00 First Objection to Claim #2 by Claimant Franchise Tax Board. in the amount of $ 161481.12


Docket 20

*** VACATED *** REASON: WITHDRAWAL OF OBJECTION TO CLAIM #2 FILED 12/12/17

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-21324


Sonja Ashby Kingsley


Chapter 13


#53.00 Motion For Order Determining Value of Collateral


Docket 18

Tentative Ruling:

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).

Party Information

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

2:13-19492


Jose Luis Covarrubias


Chapter 13


#54.00 Motion to avoid junior lien on principal residence with Midland Funding LLC -Third Lienholder


fr 12-13-17


Docket 66


Tentative Ruling:

None.

Party Information

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

2:13-19492


Jose Luis Covarrubias


Chapter 13


#55.00 Motion to avoid junior lien on principal residence with Midland Funding LLC -Fourth Lienholder


fr 12-13-17


Docket 67


Tentative Ruling:

None.

Party Information

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

2:17-11976


William Osmeo Godoy and Veronica Godoy


Chapter 13


#56.00 Motion to avoid junior lien on principal residence with RTED America, LLC


fr. 11-1-17


Docket 43


Tentative Ruling:

None.

Party Information

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

2:17-12851


Mayra Lopez


Chapter 13


#57.00 Motion to avoid junior lien on principal residence with Trinity Financial Services, LLC


fr. 8-2-17; 9-6-17; 9-20-17; 11-15-17


STIP. TO CONTINUE FILED 1-8-18


Docket 37


Tentative Ruling:

None.

Party Information

Debtor(s):

Mayra Lopez Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13604


Arturo Torres Magallon and Jaclyn J Torres


Chapter 13


#58.00 Motion to avoid junior lien on principal residence with Trojan Capital Investment


fr. 10-11-17; 11-15-17


Docket 31

Tentative Ruling:

None.

Party Information

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

2:17-19219

Bertha Noemi Gonzalez

Chapter 13

#59.00 Motion to avoid junior lien on principal residence with Trinity Financial Services, LLC

11-15-17

Docket 26


Tentative Ruling:

None.

Party Information

Debtor(s):

Bertha Noemi Gonzalez Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24456


Carolina Alvarado Salcido


Chapter 13


#60.00 Motion to Value Collateral Held by Carmax Business Services, LLC


Docket 14


Tentative Ruling:

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.

Party Information

Debtor(s):

Carolina Alvarado Salcido Represented By

Rabin J Pournazarian

1:30 PM

CONT...

Trustee(s):


Carolina Alvarado Salcido


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-43292


Alejandro Ponce


Chapter 13


#61.00 Motion to avoid junior lien on principal residence with Bank of America, N.A.


Docket 133


Tentative Ruling:

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.



Party Information

Debtor(s):

Alejandro Ponce Represented By Peter L Lago

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26855


Felis V. Corona


Chapter 13


#62.00 Motion to avoid junior lien on principal residence with One West Bank and Deutsche Bank


Docket 30


Tentative Ruling:

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

CONT...


Felis V. Corona


Chapter 13


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.


Party Information

Debtor(s):

Felis V. Corona Represented By Joseph L Pittera

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11

Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 39


Tentative Ruling:

None.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#2.00 First Interim Application of CohnReznick LLP, Financial Advisor to the Official Committee of Unsecured Creditors, for Approval of

for Cohnreznick LLP, Financial Advisor fr. 12-7-17

Docket 108


Tentative Ruling:

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.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-13-17; 9-7-17


Docket 1


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-22140


William O Haight


Chapter 11


#4.00 Confirmation of Chapter 11 Plan of Reorganizaton


Docket 142

*** VACATED *** REASON: O/E 12-18-17 CONTINUED TO 2-1-18 @ 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

William O Haight Represented By Dana M Douglas M Jonathan Hayes

10:00 AM

2:16-22140


William O Haight


Chapter 11


#4.10 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: O/E 12-18-17 CONTINUED TO 2-1-18 @ 10:00 A.M.

Tentative Ruling:

None.

Party Information

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

2:17-10870


Cedric Leonardi


Chapter 11


#5.00 Debtor's Second Objection to Claim of Nationstar Loan Servicing aka Nationstar Mortgage, LLC [Claim No. 2]


fr 8-24-17; 10-12-17; 11-16-17


STIP TO WITHDRAW CLAIM FILED 1-9-18


Docket 109

Tentative Ruling:

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.

Party Information

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

2:17-10870


Cedric Leonardi


Chapter 11


#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

Pursuant to the parties' stipulation, the status conference is continued to March 29, 2018 at 10:00 a.m. Appearances waived.


Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#7.00 Motion of Medley Capital Corporation and Medley Opportunity Fund II LP for Adequate Protection of Its Interests in Property


Docket 79


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#8.00 Application by Debtor and Debtor in Possession

to Employ SulmeyerKupetz, A Professional Corporation, as General Bankruptcy Counsel


Docket 17

*** VACATED *** REASON: O/E 1-4-18 CONTINUED TO 1-18-18 @ 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#9.00 Motion for Allowance of Administrative Claims of Elva Hackney


Docket 916

*** VACATED *** REASON: O/S 1-9-18 CONTINUED TO 2/1/18 @ 10:00 AM

Tentative Ruling:

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.

Party Information

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

2:13-24363


Even St. Productions Ltd.


Chapter 11


#10.00 Motion for Allowance of Administrative Claim of T.A.G. Management, Inc


Docket 915

*** VACATED *** REASON: O/S 1-9-18 CONTINUED TO 2/1/18 @ 10:00 AM

Tentative Ruling:

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.

Party Information

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

2:17-19369


Winston O'Mally


Chapter 11


#11.00 Application to Employ Frank J. Alvarado, Esq. as General Counsel


Docket 40


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#12.00 Motion for Order Under 11 U.S.C. § 105 Authorizing Maintaining of One of the Debtors Pre-Petition Bank Accounts;


Docket 41


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

2:00 PM

2:18-10175


American Ranch and Seafood Markets


Chapter 11


#1.00 Hrg re Emergency motion for Order Authorizing Continued use of Debtor's Cash Management System and Maintenance and Continued use of one of Debtor's Existing Bank Accounts


Docket 8


Tentative Ruling:

None.

Party Information

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

2:18-10175


American Ranch and Seafood Markets


Chapter 11


#2.00 Hrg re Emergency motion for Order


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


Tentative Ruling:

None.

Party Information

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


Friday, January 12, 2018

Hearing Room

1375


10:00 AM

2:14-20620


Jorge Gomez and Lorenza Gomez


Chapter 13


#1.00 EVIDENTIARY HEARING RE Motion to Avoid

Judgment Lien with Rosemead Place LLC

522f (Real Property)


fr. 8-23-17; 10-11-17; 12-8-17


Docket 62


Tentative Ruling:

None.

Party Information

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

2:17-24997


Jack Damon Roberts


Chapter 13


#1.00 Motion for relief from stay [UD]


301 SOUTH GLENDORA AVENUE APARTMENTS VS

DEBTOR


Docket 10

*** VACATED *** REASON: Case dismissed 12/27/17 Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-25166


Young Chul Cho and Jin Chul Kim


Chapter 13


#2.00 Motion for relief from stay [UD]


JIN CHUL KIM VS

DEBTOR


Docket 8

Tentative Ruling:

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.

Party Information

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

2:16-11748


Kenneth P. Justak


Chapter 13


#3.00 Motion for relief from stay [PP]


EXETER FINANCE LLC VS

DEBTOR


Docket 50


Tentative Ruling:

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.

Party Information

Debtor(s):

Kenneth P. Justak Represented By Gregory Grigoryants

10:00 AM

CONT...

Movant(s):


Kenneth P. Justak


Chapter 13

Exeter Finance LLC Represented By Bret D. Allen

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-26477


Socorro Alberto


Chapter 13


#4.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 46


Tentative Ruling:

None.

Party Information

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

2:12-48162


Andrew M Batwinas


Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [RP]


CIT BANK, N.A.

VS

DEBTOR fr. 12-12-17

Docket 82

*** VACATED *** REASON: O/E 12-18-17 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

Debtor(s):

Andrew M Batwinas Represented By

10:00 AM

CONT...


Movant(s):


Andrew M Batwinas


Matthew D Resnik

S Renee Sawyer Blume


Chapter 13

CIT BANK, N.A. Represented By Andrew Kussmaul Dane W Exnowski

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#6.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


fr. 11-7-17; 12-12-17


Docket 88


Tentative Ruling:

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

CONT...


Debtor(s):


Richard Pacheco and Elva Bernice Pachero

Party Information


Chapter 13

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

2:14-16469


J. Craig Fostrey


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


fr. 6-6-17; 8-29-17; 10-31-17


fr. 12-12-17


Docket 91


Tentative Ruling:

None.

Party Information

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

2:15-15759


Renee Antoinette Gunter


Chapter 13


#8.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NATIONAL ASSOCIATION

VS DEBTOR


fr. 12-12-17


Docket 48


Tentative Ruling:

None.

Party Information

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

2:13-26778


Yeng Song and Mai Lee Song


Chapter 13


#9.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 67


Tentative Ruling:

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.

Party Information

Debtor(s):

Yeng Song Represented By

Hasmik Jasmine Papian

10:00 AM

CONT...


Yeng Song and Mai Lee Song


Chapter 13

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

2:14-17636


Mario Santana Navarro and Karla Cecilia Lopez


Chapter 13


#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 30


Tentative Ruling:

None.

Party Information

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

2:15-20956


Aubrey Manuel


Chapter 13


#11.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 35

*** VACATED *** REASON: Case Dismissed on 1-11-18 Tentative Ruling:

Party Information

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

2:17-22807


Gonzalo Oropeza


Chapter 13


#12.00 Motion for relief from stay [RP][


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 16


Tentative Ruling:

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

CONT...


Gonzalo Oropeza


Chapter 13

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.

Party Information

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

2:17-24516


Raj Jawa


Chapter 13


#13.00 Motion for relief from stay [RP]


ALLAN M ALFRED KARLSEN OR MARILEE KARLSEN

VS DEBTOR


Docket 19


Tentative Ruling:

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

CONT...


Raj Jawa


Chapter 13

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.

Party Information

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

2:17-25376


Carlyn Joyce Couch


Chapter 13


#14.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 6


Tentative Ruling:

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

CONT...


Carlyn Joyce Couch


Chapter 13

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.

Party Information

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

2:17-21343


Raul Enciso, Sr.


Chapter 7


#15.00 Motion for relief from stay [UD]


MONIQUE ENCISO VS

DEBTOR fr. 11-14-17

Docket 14


Tentative Ruling:

None.

Party Information

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

2:17-21343


Raul Enciso, Sr.


Chapter 7


#16.00 Motion for relief from automatic stay


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


Tentative Ruling:

None.

Party Information

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

2:17-20956


Jose Roberto Benitez-Gomez


Chapter 7


#17.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 44


Tentative Ruling:

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

CONT...


Jose Roberto Benitez-Gomez


Chapter 7

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.

Party Information

Debtor(s):

Jose Roberto Benitez-Gomez Pro Se

10:00 AM

CONT...

Movant(s):


Jose Roberto Benitez-Gomez


Chapter 7

U.S. Bank National Association, as Represented By

Angie M Marth

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:17-23408


Richard L Johnson


Chapter 7


#18.00 Motion for relief from stay [RP]


THE BANK NEW YORK MELLON VS

DEBTOR


Docket 8


Tentative Ruling:

No opposition was filed.


The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (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.


    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

    CONT...


    Richard L Johnson


    Chapter 7


    The movant shall upload an appropriate order via the Court’s LOU system.

    Party Information

    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

    2:18-10047


    Rodney M Van Pelt


    Chapter 13


    #19.00 Motion in individual case for order imposing a stay or continuing the automatic stay as the court deems appropriate


    Docket 9


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Rodney M Van Pelt Represented By Laleh Ensafi

    Trustee(s):

    Nancy K Curry (TR) Pro Se

    2:00 PM

    2:17-17640


    Kaveh Roshan


    Chapter 7

    Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan


    #1.00 Defendant's Motion to Dismiss Adversary Complaint for Failure to State a Claim Upon Which Relief May be Granted


    Docket 4


    Tentative Ruling:

    None.

    Party Information

    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

    2:17-17640


    Kaveh Roshan


    Chapter 7

    Adv#: 2:17-01516

    Villas Del Rey Condominium Assoc. v. Roshan

    Telephonic Hearing

    #1.10 Status Conference re Complaint to determine dischargeability of debt and deny discharge


    fr. 1-9-18


    Docket 1

    Tentative Ruling:

    None.

    Party Information

    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

    2:17-10870


    Cedric Leonardi


    Chapter 11

    Adv#: 2:17-01272 Leonardi v. O'Neill


    #2.00 Pretrial Conference re Complaint to:

    1. avoid lien

    2. avoid preferential transfer

    3. avoid fraudulent transfer

    4. disallow claim

    5. in the alternative determine validity, extent and priority of lien and;

    6. for injunctive equitable and declaratory relief relating thereto


fr. 7-11-17; 11-28-17


STIPULATION TO CONTINUE FILED 1-4-18


Docket 1

*** VACATED *** REASON: O/S 1-11-18 CONTINUED TO 2/13/18 @ 2PM


Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Cedric Leonardi


Chapter 11

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Benjamin Isaac Menjivar Represented By Giovanni Orantes

Joint Debtor(s):

Sara Aura Menjivar Represented By Giovanni Orantes

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#2.00 Hrg re: Motion to Extend Deadline to File Schedules or Provide Required Information, and/or Plan


Docket 56


Tentative Ruling:

None.

Party Information

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

2:17-19369


Winston O'Mally


Chapter 11


#2.10 Scheduling and Case Management Conference in a Chapter 11 Case


fr 9-7-17; 10-5-17


Docket 20


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Pro Se

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#2.20 Motion for Order Under 11 U.S.C. § 105 Authorizing Maintaining of One of the Debtors Pre-Petition Bank Accounts;


FR: 1-11-18


Docket 41


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:12-31051


Ana Ramos


Telephonic Hearing


Chapter 11

#3.00 Order to Show Cause re Dismissal or Conversion


Martin R. Weingarten to appear by telephone


Docket 224


Tentative Ruling:

None.

Party Information

Debtor(s):

Ana Ramos Represented By

Martin R Weingarten

10:00 AM

2:12-31051


Ana Ramos


Telephonic Hearing


Chapter 11

#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-20-17, 5-25-17; 6-29-17; 11-9-17, 12-14-17


Docket 202


Tentative Ruling:

None.

Party Information

Debtor(s):

Ana Ramos Represented By

Martin R Weingarten

10:00 AM

2:16-10656


Aurora Bartola Gutierrez


Chapter 11


#5.00 Post Confirmation Status Conference fr. 6-8-17; 10-5-17

Docket 143


Tentative Ruling:

None.

Party Information

Debtor(s):

Aurora Bartola Gutierrez Represented By

Anthony Obehi Egbase Crystle J Lindsey Kevin Tang

Edith Walters

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#6.00 Confirmation of Debtor's Plan of reorganization


Docket 0


Tentative Ruling:

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.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#7.00 Objection To Claim Of Behrouz Aframian [Claim No. 4]


Docket 193


Tentative Ruling:

None.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#8.00 Post Confirmation Status Conference fr 12-14-17

Docket 0


Tentative Ruling:

Reorganized Debtor is to explain failure to timely file Post-Confirmation Status Report.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#9.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 11-16-17


Docket 75


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#10.00 Order to Show Cause RE Dismissal fr. 11-16-17

Docket 71


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#11.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17


Docket 0


Tentative Ruling:

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.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#12.00 Motion for Setting Property Value fr. 11-9-17, 12-14-17


Docket 59

*** VACATED *** REASON: O/E 1/17/18 CONTINUED TO 2/15/18 @ 10:00 am

Tentative Ruling:

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.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#13.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 9-7-17; 1-9-18


Docket 22


Tentative Ruling:

This status conference is CONTINUED to February 15, 2018 at 10:00

a.m. Appearances waived.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church v. Zemer et al

Telephonic Hearing

#14.00 Motion to Intervene


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467 Holy Hill Community Church v. Zemer et al


#15.00 Status Conference re Removal of Action


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

Tentative Ruling:

None.


Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#16.00 Unopposed Motion for Final Approval of Class Action Settlement


Docket 566


Tentative Ruling:

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?

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#17.00 Motion of Official Committee of Unsecured Creditors to Terminate Plan Exclusivity


Docket 141


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#18.00 Application by Debtor and Debtor in Possession

to Employ SulmeyerKupetz, A Professional Corporation, as General Bankruptcy Counsel


fr. 1-11-18


Docket 17


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#19.00 Hrg re debtor's motion for order approving rejection of executory contract (real property lease) between debtor and Sloane Two Rodeo, LLC as of January 31, 2018, subject to debtor's option to rescind rejection on or before that date


Docket 72


Tentative Ruling:

This matter is CONTINUED to January 30, 2018 at 11:00 a.m.

Appearances waived.

Party Information

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

2:17-23986


R & S Antiques, Inc.


Chapter 11


#20.00 Hrg re Motion for Order Authorizing Debtor to:

  1. Conduct Store Closing Sale;

  2. Sell Assets Free and Clear of All Liens, Encumbrances, and Interests Pursuant to Bankruptcy Code Sections 363(b) and (f);

  3. Approving Store Closing Sale Guidelines

  4. Waiving the fourteen day stay Provided by Bankruptcy Rule 6004;


Docket 80


Tentative Ruling:

None.

Party Information

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

2:17-22533


Noemi Yanes Garzon


Chapter 7


#1.00 Order to Show Cause re Dismissal for failure to comply with Rule 1006(b) - Installment Payment Schedule


Docket 0


Tentative Ruling:

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.

Party Information

Noemi Yanes Garzon Pro Se

Trustee(s):

Wesley H Avery (TR) Pro Se

2:00 PM

2:16-18448


George G Washington


Chapter 7


#2.00 Application for Compensation of: Final Fees and/or Expenses


fr 9-14-17


Docket 144

*** VACATED *** REASON: O/S 1-9-18 CONTINUED TO 4/12/18 @ 2PM

Tentative Ruling:

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.

Party Information

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

2:16-24804


William Dulany Hill


Chapter 7


#3.00 Motion RE: Objection to Claim Number 2 by Claimant Clipperjet, Inc.. [AMENDED ]


fr. 12-7-17


Docket 140

*** VACATED *** REASON: NOTICE OF TAKING MATTER OFF CALENDAR FILED 12/28/17

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-22429


Ruben D Bello


Chapter 7


#1.00 Motion for relief from stay [UD]


SELLERS NET, INC. VS

DEBTOR


Docket 31


Tentative Ruling:

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

CONT...


Ruben D Bello


Chapter 7

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.

Party Information

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

2:17-16208


Terence Maurice Booth


Chapter 13


#2.00 Motion for relief from stay [PP]


CAPITAL ONE AUTO FINANCE VS

DEBTOR


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Terence Maurice Booth Represented By Daniel King

10:00 AM

CONT...

Movant(s):


Terence Maurice Booth


Chapter 13

Capital One Auto Finance, a Represented By Bret D. Allen

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-21041


Rachelle Genese Kessee


Chapter 13


#3.00 Motion for relief from stay [PP]


DAIMLER TRUST VS

DEBTOR


Docket 29

*** VACATED *** REASON: O/E 1-17-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-18945


Gerald Edward Young


Chapter 13


#4.00 Motion for relief from stay [PP]


REGIONAL ACCEPTANCE CORPORATION VS

DEBTOR fr. 1-9-18

Docket 32

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED ON 1/16/18

Tentative Ruling:

Party Information

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

2:15-12871


Anthony Rudolph Torres and Monica Torres


Chapter 13


#5.00 Motion for relief from stay [PP]


KIA MOTORS FINANCE VS

DEBTOR fr. 1-9-18

Docket 24


Tentative Ruling:

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

CONT...


Debtor(s):


Anthony Rudolph Torres and Monica Torres

Party Information


Chapter 13

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

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#6.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION VS

DEBTOR fr. 1-9-18

Adequate protection stipulation filed 1/29/18


Docket 93


Tentative Ruling:

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.

Party Information

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

2:14-28442


Michelle L Eshaghpour


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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.

Party Information

Debtor(s):

Michelle L Eshaghpour Represented By David S Hagen

10:00 AM

CONT...

Movant(s):


Michelle L Eshaghpour


Chapter 13

WELLS FARGO BANK, N. A. Represented By

Dane W Exnowski

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-20690


Gina Maria Dapremont


Chapter 13


#8.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 1-9-18


Docket 57

*** VACATED *** REASON: O/E 1-12-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-10878


Maria Gonzalez


Chapter 13


#9.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 44


Tentative Ruling:

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

CONT...


Maria Gonzalez


Chapter 13

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.

Party Information

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

2:15-17279


Billy A. Garcia, Jr. and Katheryn Garcia


Chapter 13


#10.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 78


Tentative Ruling:

None.

Party Information

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

2:17-11746


Edwin Choi


Chapter 13


#11.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 64

*** VACATED *** REASON: O/E 1-23-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:17-24516


Raj Jawa


Telephonic Hearing


Chapter 13

#12.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY

VS DEBTOR


Angie M Marth to appear by telephone


Docket 15


Tentative Ruling:

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

CONT...


Raj Jawa


Chapter 13

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.

Party Information

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

2:17-20788


Genetta Sandra Ligon James

Telephonic Hearing


Chapter 13

#13.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST

VS DEBTOR


Joseph Delmotte to appear by telephone


Docket 22


Tentative Ruling:

None.

Party Information

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

2:17-23201


Donald Fogel and Sandra Lea Fogel

Telephonic Hearing


Chapter 13

#14.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 23


Tentative Ruling:

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.

Party Information

Debtor(s):

Donald Fogel Represented By

10:00 AM

CONT...


Donald Fogel and Sandra Lea Fogel


Nathan Fransen


Chapter 13

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

2:16-25988


Derrick Terrell Dolberry


Chapter 13


#15.00 Motion for relief from stay [RP]


LOANDEPOT.COM, LLC VS

DEBTOR


Christina J. O to appear by telephone


Docket 23

*** VACATED *** REASON: O/E 1-23-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-22804


Mario G. Cardona


Chapter 13


#16.00 Motion for relief from stay


DANIEL GARZA VS

DEBTOR


Docket 24


Tentative Ruling:

None.

Party Information

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

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#17.00 Motion for relief from stay


MOISES GARCIA VS

DEBTOR fr. 1-9-18

Daniel H. Reiss to appear by telephone


Docket 129

Tentative Ruling:

Matters 17, 18 and 19 will be held and taken at the end of the calendar.


Debtor(s):


None.


Party Information

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

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#18.00 Motion for relief from stay


Alfredo Liera, Jr.

VS

DEBTOR


Daniel H. Reiss to appear by telephone


Docket 143


Tentative Ruling:

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:


  1. Discretionary abstention: Why or why shouldn't the court abstain?

  2. 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?

  3. What occurs should an appeal be filed with the state court? Is it de novo review?

  4. 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?

  5. 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.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

10:00 AM

CONT...


Movant(s):


RPM Harbor Services, Inc.


David R Haberbush


Chapter 11

Alfredo Liera Jr., Represented By Don E Bokovoy

10:00 AM

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#19.00 Motion for relief from stay


Jose H. Escobedo VS

DEBTOR


Daniel H. Reiss to appear by telephone


Docket 144


Tentative Ruling:

See Matter 18.

Party Information

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

2:18-10039


Anthony Francisco Sanchez and Lisette Sanchez


Chapter 13


#20.00 Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Anthony Francisco Sanchez and Lisette Sanchez


Chapter 13

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.


Party Information

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

2:18-10095


Cartznes, David Phillip


Chapter 13


#21.00 Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


Docket 13


Tentative Ruling:

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

CONT...


Cartznes, David Phillip


Chapter 13

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.

Party Information

Debtor(s):

Cartznes, David Phillip Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-25690


Silvestre Bautista


Chapter 7


#22.00 Motion for relief from stay [UD]


JONAL YIP VS DEBTOR


Docket 16


Tentative Ruling:

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

CONT...


Silvestre Bautista


Chapter 7

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.

Party Information

Debtor(s):

Silvestre Bautista Pro Se

Movant(s):

Jonal Yip Pro Se

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:17-23408


Richard L Johnson


Telephonic Hearing


Chapter 7

#23.00 Motion for relief from stay [RP]


THE BANK NEW YORK MELLON VS

DEBTOR fr. 1-16-18

Erin M McCartney to appear by telephone


Docket 8

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 1/29/18

Tentative Ruling:

None.

Party Information

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

2:17-23986


R & S Antiques, Inc.


Chapter 11


#1.00 Hrg re debtor's motion for order approving rejection of executory contract (real property lease) between debtor and Sloane Two Rodeo, LLC as of January 31, 2018, subject to debtor's option to rescind rejection on or before that date


fr. 1-18-18


Docket 72


Tentative Ruling:

None.

Party Information

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

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01255 Trickel et al v. Dayer et al


#1.00 Status Conference re Complaint for determination of dischargeability of a debt


fr. 6-27-17, 8-1-17; 11-7-17


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Donald Lee Dayer


Chapter 11

2:00 PM

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01323 Roberts v. Dayer et al


#2.00 Status Conference re Complaint for non-dischargeability fr. 8-22-17, 8-1-17; 11-7-17


Docket 1


Tentative Ruling:

None.

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01290 Mastan v. Danpour et al


#3.00 Status Conference re Complaint for:


  1. avoidance of preferential transfers [11 U.S.C. Section 547]

  2. avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]

  3. avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]

  4. recovery of avoided transfers [11 U.S.C. Section 550] and

  5. 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

Tentative Ruling:

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.

Party Information

Debtor(s):

Avenue K1753, LLC Represented By Fadi Amer

2:00 PM

CONT...

Avenue K1753, LLC

Chapter 7

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al


#4.00 Pretrial Conference re Second Amended Complaint For:


  1. Avoidance of Preferential Transfers [11 U.S.C. § 547];

  2. Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);

  3. Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];

  4. Recovery of Avoided Transfers [11 U.S.C. § 550];

  5. 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

Jeffrey Licht & Associates, Inc.


Docket 20

*** VACATED *** REASON: O/S 1-12-18 CONTINUED TO 5-1-18 @ 2PM

Tentative Ruling:

Party Information

Debtor(s):

Avenue K1753, LLC Represented By Fadi Amer

2:00 PM

CONT...

Avenue K1753, LLC

Chapter 7

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01547 Mastan v. Bondanelli et al


#5.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Carlo Bondanelli


Chapter 7

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548 Mastan v. Biasiolo et al


#6.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


Docket 1


Tentative Ruling:

None.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al


#7.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


Docket 1


Tentative Ruling:

None.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et


#8.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


Docket 1


Tentative Ruling:

None.

Party Information

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:14-30273


Lady B. Del Rio


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 1/11/17; 2-1-17


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lady B. Del Rio Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-22108


Aram Shirikchyan


Chapter 7


#1.00 Motion of The United States Trustee for extension of deadline date for filing a Motion to Dismiss under

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


Tentative Ruling:

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.

Party Information

Debtor(s):

Aram Shirikchyan Pro Se

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#2.00 Debtor and Debtor-in-Possession's Motion

to Extend Exclusivity Period to March 9, 2018


Docket 151

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1- 23-18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11


#3.00 Motion for Award of Attorney's Fees and Costs as Prevailing Party on DIP Financing Motion


Telephone Appearances:


Carey D Schreiber Medley Capital

William S Brody Austin Financial Services Brian T Harvey Austin Financial Services


Docket 111


Tentative Ruling:

None.

Party Information

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

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#3.10 Motion for order granting 90-day extension of exclusivity periods


Telephone Appearances:


Carey D Schreiber Medley Capital

William S Brody Austin Financial Services Brian T Harvey Austin Financial Services


Docket 117


Tentative Ruling:

None.

Party Information

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

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#3.20 Application for payment of Interim fees and expenses for Lewis R Landau, Debtor's Attorney


Telephone Appearances:


Carey D Schreiber Medley Capital

William S Brody Austin Financial Services Brian T Harvey Austin Financial Services


Docket 119


Tentative Ruling:

None.

Party Information

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

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#4.00 Objection to proof of claim by Castro FR. 7-6-17; 10-5-17; 12-7-17


Docket 372

*** VACATED *** REASON: STIPULATION TO WITHDRAW PROOF OF CLAIM FILED 1/30/18

Tentative Ruling:

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.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:13-24363


Even St. Productions Ltd.

Telephonic Hearing


Chapter 11

#5.00 Motion for Allowance of Administrative Claim of T.A.G. Management, Inc


FR. 1-11-18


Ashley McDow to appear by telephone


Docket 915


Tentative Ruling:

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.


Party Information

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

2:13-24363


Even St. Productions Ltd.

Telephonic Hearing


Chapter 11

#6.00 Motion for Allowance of Administrative Claims of Elva Hackney


FR. 1-11-18


Ashley McDow to appear by telephone


Docket 916


Tentative Ruling:

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.

Party Information

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

2:17-13634


Baldwin Park Congregate Home, Inc.

Telephonic Hearing


Chapter 11

#7.00 Omnibus Objection to claims 5,6,9,10,

11,12,14


FR 12-14-17


David Meadows to appear by telephone


Docket 221

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF OMNIBUS MOTION FILED 1/29/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#8.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]


FR 12-14-17


Docket 210

*** VACATED *** REASON: CONTINUED TO 2/15/18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:12-45293


Philip L. Marchiondo


Telephonic Hearing


Chapter 11

#9.00 Post Confirmation Status Conference


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

Movant(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:16-22140


William O Haight


Chapter 11


#10.00 Confirmation of Chapter 11 Plan of Reorganizaton fr. 1-11-18

Docket 142


Tentative Ruling:

None.

Party Information

Debtor(s):

William O Haight Represented By Dana M Douglas M Jonathan Hayes

10:00 AM

2:16-22140


William O Haight


Chapter 11


#11.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

This scheduling and case management conference is taken OFF CALENDAR due to Debtor's confirmation hearing. Appearances waived.

Party Information

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

2:15-16511


Ambra Bisconti


Chapter 7


#1.00 Trustee's Motion for Order Authorizing Trustee to: 1) Direct Commission from Hilton & Hyland that are Payable to Bisconti Estates, LLC to be Sent to the Trustee; 2) Endorse Checks Payable

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

*** VACATED *** REASON: O/E 1-4-18 CONTINUED TO 3-29-18 @ 2:00 P.M.

Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Ambra Bisconti


Chapter 7

Peter J Mastan (TR) Represented By Sharon Z. Weiss

10:00 AM

2:15-26782


Alma Lileana Polanco


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [PP]


ALLY FINANCIAL INC. VS

DEBTOR


Adam Barasch to appear by telephone


Docket 45


Tentative Ruling:

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

CONT...


Debtor(s):


Alma Lileana Polanco

Party Information


Chapter 13

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

2:17-18945


Gerald Edward Young


Chapter 13


#2.00 Motion for relief from stay [PP]


WESTLAKE FINANCIAL SERVICES VS

DEBTOR


Docket 35


Tentative Ruling:

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.

Party Information

Debtor(s):

Gerald Edward Young Represented By Erika Luna

10:00 AM

CONT...

Movant(s):


Gerald Edward Young


Chapter 13

Westlake Financial Services Represented By Jamie D Hanawalt

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:12-34295


Gregory Alexander Athans and Haydee Athans


Chapter 13


#3.00 Motion for relief from stay [RP]


DEUTSCHE BANK TRUST COMPANY AMERICAS

VS DEBTOR


fr. 10-31-17; 11-28-17, 1-9-18


Docket 56

*** VACATED *** REASON: O/E 2-2-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

CONT...

Movant(s):


Gregory Alexander Athans and Haydee Athans


Chapter 13

Deutsche Bank Trust Company Represented By

Erin M McCartney

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:14-29381


Carlos Guardado and Jennie Reese


Chapter 13


#4.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 1-9-18


Docket 59

*** VACATED *** REASON: O/E 1-30-18 CONTINUED TO 3-27-18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Carlos Guardado Represented By John D Monte

Joint Debtor(s):

Jennie Reese Represented By

John D Monte

10:00 AM

CONT...

Movant(s):


Carlos Guardado and Jennie Reese


Chapter 13

Wells Fargo Bank, N.A. Represented By Brandye N Foreman

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:14-24439


Donna M. Henson


Chapter 13


#5.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 57


Tentative Ruling:

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.

Party Information

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

2:14-25599


Oscar Ayala


Telephonic Hearing


Chapter 13

#6.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Robert Altagen to appear by telephone Merdaud Jafarnia to appear by telephone


Docket 28


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Oscar Ayala


Chapter 13

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

2:16-12029


Ramon Larios Rojas


Chapter 13


#7.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 48

*** VACATED *** REASON: O/E 1-30-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-16944


Scott Thomas Edwards


Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


FLAGSTAR BANK FSB VS

DEBTOR


Darlene C. Vigil to appear by telephone


Docket 49

Tentative Ruling:

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.

Party Information

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

2:17-21841

Carolyn D Peterson

Telephonic Hearing

Chapter 13

#9.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR


Darlene C. Vigil to appear by telephone


Docket 23


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Carolyn D Peterson


Chapter 13

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

2:17-25246


Habib Basravi


Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Case Dismissed on 1-3-18


Darlene C. Vigil to appear by telephone


Docket 11


Tentative Ruling:

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.

Party Information

Debtor(s):

Habib Basravi Pro Se

Movant(s):

Wells Fargo Bank, N.A. Represented By Brandye N Foreman

10:00 AM

CONT...

Trustee(s):


Habib Basravi


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-19712


Patricia West


Chapter 7


#11.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 48


Tentative Ruling:

None.

Party Information

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


Wednesday, February 07, 2018

Hearing Room

1375


10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#1.00 Motion of Medley Capital Corporation and Medley Opportunity Fund II LP for Adequate Protection of Its Interests in Property


fr. 1-11-18


Docket 79


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.

Telephonic Hearing


Chapter 11

#1.00 Motion for Order Authorizing Debtor

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


Tentative Ruling:

None.

Party Information

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

2:15-26347


Roger Mark Telles, Sr. and Maria Guadalupe Telles


Chapter 7


#1.00 Trustee's Final Report and Applications for Compensation


Richard K. Diamond


Docket 38


Tentative Ruling:

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

CONT...


Roger Mark Telles, Sr. and Maria Guadalupe Telles


Chapter 7

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.

Party Information

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

2:15-26347


Roger Mark Telles, Sr. and Maria Guadalupe Telles


Chapter 7


#2.00 First and Final Application for Award of Compensation of Danning, Gill, Diamond & Kollitz, LLP as General Counsel for Chapter 7 Trustee


Docket 37


Tentative Ruling:

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.


Party Information

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


Monday, February 12, 2018

Hearing Room

1375


10:00 AM

2:15-21249


Maria C. Gonzalez


Chapter 13

Adv#: 2:15-01560 Windom et al v. Gonzalez


#1.00 Trial Re Complaint to Determine Nondischargeability of Debt


fr. 8-7-17, 8-10-17; 10-16-17, 11-13-17


Docket 1

Party Information

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

2:17-17007


Mario Figueroa


Chapter 13


#1.00 Motion for relief from stay [PP]


A-L FINANCIAL CORPORATIO VS

DEBTOR


Docket 22


Tentative Ruling:

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.

Party Information

Debtor(s):

Mario Figueroa Represented By Kahlil J McAlpin

10:00 AM

CONT...

Movant(s):


Mario Figueroa


Chapter 13

A-L Financial Corporation Represented By Lincoln D Gardner

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:13-34971


William M King and Hattie King

Telephonic Hearing


Chapter 13

#2.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR fr. 1-9-18

Docket 57

*** VACATED *** REASON: O/S 1-12-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:14-17636


Mario Santana Navarro and Karla Cecilia Lopez


Chapter 13


#3.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 1-16-18

Docket 30

*** VACATED *** REASON: O/E 1-22-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:14-30273

Lady B. Del Rio

Chapter 13


#4.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


fr. 10-10-17; 11-7-17; 12-5-17, 1-9-18


Docket 28

*** VACATED *** REASON: O/E 1-31-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:15-25632

Elliott Van Buren Thomas and Barbara Jo Thomas

Chapter 13


#5.00 Motion for relief from stay [RP]


FEDERAL NATIONAL MORTGAGE ASSOCIATION

VS DEBTOR


fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17, 1-9-18


Docket 42


Tentative Ruling:

None.

Party Information

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

2:17-11204


Ronny Heredia and Maria Aracely Heredia

Telephonic Hearing


Chapter 13

#6.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR fr. 1-9-18

Stipulation for adequate protection filed 1/30/18


Docket 30

*** VACATED *** REASON: O/E 1-31-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:13-29979

Diosdado B Balcorta, Jr.

Chapter 13

#7.00 Motion for relief from stay [RP] DITECH FINANCIAL LLC

VS DEBTOR

Docket 54


Tentative Ruling:

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.

Party Information

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

2:16-26459


Jewel Hardy


Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR


Erin M McCartney to appear by telephone


Docket 42


Tentative Ruling:

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.

Party Information

Debtor(s):

Jewel Hardy Represented By

Thomas B Ure

10:00 AM

CONT...

Movant(s):


Jewel Hardy


Chapter 13

Freedom Mortgage Corporation Represented By Merdaud Jafarnia Erin M McCartney Mark S Krause

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-15453


Bryan A Kumiyama


Chapter 13


#9.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 39


Tentative Ruling:

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.

Party Information

Debtor(s):

Bryan A Kumiyama Represented By David S Hagen

10:00 AM

CONT...

Movant(s):


Bryan A Kumiyama


Chapter 13

U.S. Bank National Association, as Represented By

Merdaud Jafarnia

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-17484


Lisa Virgene McGeo


Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY

VS DEBTOR


Darlene Vigil to appear by telephone


Docket 40


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Lisa Virgene McGeo


Chapter 13

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

2:17-25248


Teresa Hernandez


Telephonic Hearing


Chapter 13

#11.00 Motion for relief from stay [RP]


BANC OF CALIFORNIA VS

DEBTOR


Erin M McCartney to appear by telephone


Docket 13


Tentative Ruling:

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

CONT...


Teresa Hernandez


Chapter 13

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.

Party Information

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

2:16-24804


William Dulany Hill


Telephonic Hearing


Chapter 7

#12.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Angie M Marth to appear by telephone


Docket 157


Tentative Ruling:

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

CONT...


William Dulany Hill


Chapter 7

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.

Party Information

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

2:17-14844


Angenetta Allen


Telephonic Hearing


Chapter 7

#13.00 Motion for relief from stay [RP]


HSBC BANK USA VS

DEBTOR


Theron S Covey, III to appear by telephone


Docket 43


Tentative Ruling:

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

CONT...


Angenetta Allen


Chapter 7

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.

Party Information

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

2:17-25560


Celia Rodriguez


Chapter 7


#14.00 Motion for relief from stay


KAY KISUTA VS

DEBTOR


Docket 10


Tentative Ruling:

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.

Party Information

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

2:15-12871


Anthony Rudolph Torres and Monica Torres


Chapter 13


#15.00 Motion for relief from stay [PP]


KIA MOTORS FINANCE VS

DEBTOR


fr. 1-9-18; 1-30-18


Docket 24


Tentative Ruling:

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

CONT...


Debtor(s):


Anthony Rudolph Torres and Monica Torres

Party Information


Chapter 13

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

2:16-11748


Kenneth P. Justak


Chapter 13


#16.00 Motion for relief from stay [PP]


EXETER FINANCE LLC VS

DEBTOR fr. 1-16-18

STIP TO CONTINUE FILED 2-6-18


Docket 50

Tentative Ruling:

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

CONT...


Kenneth P. Justak


Chapter 13

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.

Party Information

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

2:16-22504


Fehmida Mahmood


Chapter 7

Adv#: 2:17-01563

Gill v. Chaudhry et al

Telephonic Hearing

#1.00 Status Conference re Complaint for Authority to Sell Co-Owner's Interest in Property


John Tedford to appear by telephone


Docket 1


Tentative Ruling:

None.

Party Information

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

2:10-43689


Steven J. Reyes


Chapter 13

Adv#: 2:17-01566 Reyes v. Educational Credit Management Corporation (ECMC) e


#2.00 Status Conference re Complaint to Determine Dischargeability of Debt


Docket 1

*** VACATED *** REASON: DISMISSAL OF ADVERSARY PROCEEDING FILED 2/8/18

Tentative Ruling:

Party Information

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01378

Wolkowitz v. Eco Modular, Inc. et al

Telephonic Hearing

#3.00 Status Conference re Complaint for declaratory relief

Clerk Has Entered Default Against Defendant(s) Jose Gomez Clerk Has Entered Default Against Defendant(s) Eco Modular, Inc


fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18


Robert Altagen to appear by telephone


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Marco Antonio Garcia


Chapter 7

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

2:17-10870


Cedric Leonardi


Chapter 11

Adv#: 2:17-01272 Leonardi v. O'Neill


#4.00 Pretrial Conference re Complaint to:

  1. avoid lien

  2. avoid preferential transfer

  3. avoid fraudulent transfer

  4. disallow claim

  5. in the alternative determine validity, extent and priority of lien and;

  6. for injunctive equitable and declaratory relief relating thereto


fr. 7-11-17; 11-28-17; 1-16-18


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Cedric Leonardi


Chapter 11

2:00 PM

2:16-26124


Rene Garcia


Chapter 13

Adv#: 2:17-01291 Garcia et al v. Garcia et al


#5.00 Pretrial Conference re Complaint for determination of dischargeability of debt


fr. 7-25-17; 8-22-17; 10-3-17; 10-31-17; 11-28-17


Docket 1

*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED 1/23/18

Tentative Ruling:

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01290

Mastan v. Danpour et al

Telephonic Hearing

#6.00 Status Conference re Complaint for:


  1. avoidance of preferential transfers [11 U.S.C. Section 547]

  2. avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]

  3. avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]

  4. recovery of avoided transfers [11 U.S.C. Section 550] and

  5. 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

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Avenue K1753, LLC


Chapter 7

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:12-43192


Mary Fuller


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17

fr. 12-13-17


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mary Fuller Represented By

Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-50250


BRENDA LISETTE ESCORCIA


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments.


fr. 5-10-17, 7-12-17; 9-6-17; 10-18-17

fr. 12-13-17


Docket 51


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

BRENDA LISETTE ESCORCIA Represented By

Ivette Teran

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-35305


Logan William Ruru


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-18-17

fr. 12-13-17


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Logan William Ruru Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-10487


Betty Louise Thorpe


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-10-18


Docket 29

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2-9-18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Betty Louise Thorpe Represented By

Michelle A Marchisotto Sundee M Teeple

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-11376


Paul Trevino


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 9-20-17; 11-15-17


Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Trevino Represented By

Daniela P Romero

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21897


Maria Isabel Ochoa


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Isabel Ochoa Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20236


Jaime Gerald Cabasco Gonzales


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 9-6-17; 9-20-17; 11-15-17

fr. 12-13-17


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jaime Gerald Cabasco Gonzales Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23437


Rodolfo L Lomeli


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rodolfo L Lomeli Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23554


Fortunato Ramirez, Jr.


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr. 11-15-17


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Fortunato Ramirez Jr. Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-25043


Dorris Richard White, Jr


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr. 12-13-17


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dorris Richard White Jr Represented By Christopher J Langley

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26046


Rafael Godinez Ramirez and Evangelina Ramirez


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr, 12-13-17


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-10351


Levin Antonio Gutierrez


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr, 12-13-17


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Levin Antonio Gutierrez Represented By Raymond Perez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-14310


Alicia Maria Martinez


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr. 11-15-17


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alicia Maria Martinez Represented By David Lozano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-49245


Onofre Anguiano, Jr. and Maria J Anguiano


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-54975


Angelica D Cooper


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angelica D Cooper Represented By Steven P Chang

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-25620


Oscar Eduardo Carmona and Evey Ibeth Carmona


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 166


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-10005


Rafael Torres De La Torre


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rafael Torres De La Torre Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-11801


Silvia Lopez


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvia Lopez Represented By

Deborah R Bronner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-18122


Betsy Yun-Yuan Wang


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betsy Yun-Yuan Wang Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-10826


Angela Olivia Beltran


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela Olivia Beltran Represented By Andrew Moher

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11923


Jose Angel Mata


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Angel Mata Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13967


Lorena Maccioni


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lorena Maccioni Represented By

Rabin J Pournazarian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-14750


Diane Marie Ullrich


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 21


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Diane Marie Ullrich Represented By Roland H Kedikian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#25.00 Motion to modify plan or suspend plan payments fr 12-13-17

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-19518


Gary Alvarez and Jodi Alvarez


Chapter 13


#27.00 United States Trustee's Motion for Order Sustaining Objection to notice of Mortgage Payment Change Filed by Wells Fargo Bank,

N.A. on October 30, 2017 FR. 1-31-18


Docket 98

*** VACATED *** REASON: O/E 2-5-18 RESOLVING UST MOTION

Tentative Ruling:

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.

Party Information

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

2:16-19518


Gary Alvarez and Jodi Alvarez


Chapter 13


#27.10 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 7-5-17; 9-6-17; 10-11-17; 11-15-17; 1-31-18


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:10-31756


Victoriano Rodriguez and Maricela Rodriguez


Chapter 13


#28.00 Motion to set aside or in the alternative, determine void, the order granting Debtor's Motion to value collateral of GMAC


Docket 88


Tentative Ruling:

None.

Party Information

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

2:16-20788


Carolyn E. Frazee


Chapter 13


#29.00 Motion for Authority to Sell or Refinance Real Property under LBR 3015-1


Docket 27


Tentative Ruling:

None.

Party Information

Debtor(s):

Carolyn E. Frazee Represented By Steven B Lever

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11638


Ernesto Parra and Norma Parra


Chapter 13


#30.00 Motion for Authority to Refinance Real Property


Docket 32


Tentative Ruling:

None.

Party Information

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

2:13-18332


Paul Nelson and Linda Nelson


Chapter 13


#30.10 Motion RE: Objection to Claim Number 6 by Claimant Sacor Financial-Assignee of Circuit City


fr. 11-1-17; 12-13-17; 1-31-18


Docket 92


Tentative Ruling:

None.

Party Information

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

2:16-11685


Gloria Martinez


Chapter 13


#31.00 Motion RE: Objection to Claim Number 4 by Claimant JP Morgan Chase Bank, National Association


Docket 39


Tentative Ruling:

None.

Party Information

Debtor(s):

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24541


Lydia M Torres


Chapter 13


#32.00 Objection to Debtor's Claim of Exemption under C.C.P §704


Docket 14


Tentative Ruling:

None.

Party Information

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

2:17-18061


Debbie M Page


Chapter 13


#33.00 Motion to avoid junior lien on principal residence with Real Time Resolution


Docket 30


Tentative Ruling:

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

CONT...


Debbie M Page


Chapter 13

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.


Party Information

Debtor(s):

Debbie M Page Represented By Ali R Nader

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-12851


Mayra Lopez


Chapter 13


#34.00 Motion to avoid junior lien on principal residence with Trinity Financial Services, LLC


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Mayra Lopez Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-12851


Mayra Lopez


Chapter 13


#34.10 Hearing Re: Confirmation of Ch. 13 Plan


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mayra Lopez Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#35.00 Motion For Order Determining Value of Collateral FR.1-10-18

Docket 18


Tentative Ruling:

On January 23, 2018, this case was converted to one under chapter 7.

Accordingly, this matter is OFF CALENDAR. Appearances waived.


Party Information

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

2:14-20620


Jorge Gomez and Lorenza Gomez


Chapter 13


#36.00 EVIDENTIARY HEARING RE Motion to Avoid

Judgment Lien with Rosemead Place LLC

522f (Real Property)


fr. 8-23-17; 10-11-17; 12-8-17; 1-12-18


Docket 62


Tentative Ruling:

None.

Party Information

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

2:16-27054


Donald Lee Dayer and Katherina Dayer


Chapter 11


#1.00 Order To Show Cause Re Dismissal Or Conversion


Docket 145


Tentative Ruling:

None.

Party Information

Debtor(s):

Donald Lee Dayer Represented By Mark T Young

Joint Debtor(s):

Katherina Dayer Represented By Mark T Young

10:00 AM

2:16-27054


Donald Lee Dayer and Katherina Dayer

Telephonic Hearing


Chapter 11

#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 5-25-17, 7-13-17; 9-14-17; 10-5-17; 11-9-17,

11-20-17


Docket 36


Tentative Ruling:

None.

Party Information

Debtor(s):

Donald Lee Dayer Represented By Mark T Young

Joint Debtor(s):

Katherina Dayer Represented By Mark T Young

10:00 AM

2:18-10175


American Ranch and Seafood Markets


Chapter 11


#3.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 29


Tentative Ruling:

None.

Party Information

Debtor(s):

American Ranch and Seafood Represented By Sandford L. Frey

Movant(s):

United States Trustee (LA) Represented By Alvin Mar

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 54


Tentative Ruling:

None.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#5.00 Hrg re debtor's motion for order approving rejection of executory contract (real property lease) between debtor and Sloane Two Rodeo, LLC as of January 31, 2018, subject to debtor's option to rescind rejection on or before that date


fr. 1-18-18; 1-30-18


Docket 72


Tentative Ruling:

None.

Party Information

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

2:17-23986


R & S Antiques, Inc.


Chapter 11


#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#6.10 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 108


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#7.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 5-11-17; 9-7-17, 1-18-18


Docket 49


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey

10:00 AM

2:16-25106


Hector Ocegueda


Chapter 11


#8.00 Third Amended Disclosure Statement


fr. 5-11-17, 7-13-17; 9-25-17; 10-12-17,

11-27-17, 12-14-17


Docket 70

Tentative Ruling:

None.

Party Information

Debtor(s):

Hector Ocegueda Represented By

M Jonathan Hayes

Movant(s):

Hector Ocegueda Represented By

M Jonathan Hayes

10:00 AM

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#8.10 HearingRE: [45] Amended Motion (related document(s): 24 Application to Employ The Orantes Law Firm, P.C. as General Insolvency Counsel filed by Debtor Benjamin Isaac Menjivar, Joint Debtor Sara Aura Menjivar)


Docket 45


Tentative Ruling:

None.

Party Information

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

2:17-18114


Fariborz Rafael


Chapter 11


#9.00 Motion for Setting Property Value fr. 11-9-17, 12-14-17, 1-18-18


Docket 59

Tentative Ruling:

None.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114

Fariborz Rafael

Chapter 11

#10.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 9-7-17; 1-9-18, 1-18-18

Docket 22

Tentative Ruling:

Debtor should be prepared to explain why he failed to file a status report in advance of this scheduling and case management conference.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-20227

Little Saigon Supermarket, LLC

Chapter 11

#11.00 Confirmation of Debtor's Plan of Reorganization


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Little Saigon Supermarket, LLC Represented By Elaine Nguyen

10:00 AM

2:13-24363


Even St. Productions Ltd.

Telephonic Hearing


Chapter 11

#12.00 Post Confirmation Status Conference fr. 2-14-18

Docket 0


Tentative Ruling:

None.

Party Information

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

2:17-13634


Baldwin Park Congregate Home, Inc.

Telephonic Hearing


Chapter 11

#13.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17


Docket 54

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#14.00 First Amended Disclosure Statement describing Chapter 11 Plan of Reorganization


fr. 10/5/17, 11-16-17; 12-7-17


Docket 148

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#15.00 Motion for Order Authorizing Use of Cash Collateral


fr. 11-16-17,12-7-17


Docket 211

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#16.00 Motion To Estimate Claim (Claim No. 9)


Docket 289

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#17.00 Motion To Estimate Claim (Claim No. 14)


Docket 290

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#18.00 Motion To Estimate Claim (Claim No. 13)

West Edge Halo, Inc. and Brentwood Financial, LLC


Docket 291

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#19.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]


FR 12-14-17; 2-1-18


Docket 210

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.

Telephonic Hearing


Chapter 11

#20.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17


Docket 101

*** VACATED *** REASON: O/E 2-8-18 CONTINUED TO 3/5/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

2:00 PM

2:15-16511


Ambra Bisconti


Chapter 7


#1.00 Motion to Approve Settlement Agreement With Releases Between Trustee and Barbara Russo Bisconti


Docket 305


Tentative Ruling:

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.

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11


#2.00 Motion of Medley Capital Corporation and Medley Opportunity Fund II LP for Adequate Protection of Its Interests in Property


fr. 1-11-18; 2-7-18


Docket 79


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:16-26477


Socorro Alberto


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR fr. 1-16-18

Mark D. Estle to appear by telephone


Docket 46

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2/23/18

Tentative Ruling:

None.

Party Information

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

2:16-10225


Richard Sloane and Anne Sloane

Telephonic Hearing


Chapter 13

#2.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 28


Tentative Ruling:

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

CONT...


Debtor(s):


Richard Sloane and Anne Sloane

Party Information


Chapter 13

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

2:17-12244


Micah Elsom


Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [PP]


CAB WEST, LLC VS

DEBTOR


Randall Mroczynski to appear by telephone


Docket 39

*** VACATED *** REASON: O/E 2-26-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:17-12684


Pablo Ruiz, Jr. and Idalia I. Ruiz


Chapter 13


#4.00 Motion for relief from stay [PP]


FINANCIAL SERVICES VEHICLE TRUST VS

DEBTOR


Docket 35


Tentative Ruling:

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.

Party Information

Debtor(s):

Pablo Ruiz Jr. Represented By Sam Benevento

10:00 AM

CONT...


Pablo Ruiz, Jr. and Idalia I. Ruiz


Chapter 13

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

2:17-16789


Noel Valmores


Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [PP]


PENTAGON FEDERAL CREDIT UNION VS

DEBTOR


John Mendonza to appear by telephone


Docket 31


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Noel Valmores


Chapter 13

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

2:17-20934


Mirtha Viviana Tabares

Telephonic Hearing


Chapter 13

#6.00 Motion for relief from stay [PP]


VW CREDIT, INC.

VS

DEBTOR


Austin P Nagel to appear by telephone


Docket 20


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Mirtha Viviana Tabares


Chapter 13

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

2:17-20010


Kathy D Finnie


Chapter 13


#7.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK, N.A. VS

DEBTOR


Docket 20


Tentative Ruling:

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.

Party Information

Debtor(s):

Kathy D Finnie Represented By Stephen S Smyth William J Smyth

10:00 AM

CONT...

Movant(s):


Kathy D Finnie


Chapter 13

JPMORGAN CHASE BANK, N.A. Represented By

Jamie D Hanawalt

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:13-23443


Richard Pacheco and Elva Bernice Pachero

Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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

CONT...


Richard Pacheco and Elva Bernice Pachero


Chapter 13


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:14-28442


Michelle L Eshaghpour


Telephonic Hearing


Chapter 13

#9.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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.

Party Information

Debtor(s):

Michelle L Eshaghpour Represented By David S Hagen

10:00 AM

CONT...

Movant(s):


Michelle L Eshaghpour


Chapter 13

WELLS FARGO BANK, N. A. Represented By

Dane W Exnowski

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:15-15759


Renee Antoinette Gunter

Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NATIONAL ASSOCIATION

VS DEBTOR


fr. 12-12-17, 1-16-18


Sean Ferry to appear by telephone


Docket 48

*** VACATED *** REASON: O/E 1-31-18 SETTLED BY STIPULATION

Tentative Ruling:

None.

Party Information

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

CONT...


Renee Antoinette Gunter


Chapter 13

10:00 AM

2:15-17279


Billy A. Garcia, Jr. and Katheryn Garcia


Chapter 13


#11.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr. 1-30-18

Docket 78


Tentative Ruling:

None.

Party Information

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

CONT...


Billy A. Garcia, Jr. and Katheryn Garcia


Chapter 13

10:00 AM

2:17-10751


Ouida Michiko Woods


Telephonic Hearing


Chapter 13

#12.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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

CONT...


Ouida Michiko Woods


Chapter 13


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:17-20788


Genetta Sandra Ligon James


Chapter 13


#13.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST

VS DEBTOR


fr. 1-30-18


Docket 22

*** VACATED *** REASON: CASE DISMISSED 2/5/18

Tentative Ruling:

None.

Party Information

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

2:13-26832


Albino Evangelista Guimapang and Mari-Len Callera

Telephonic Hearing


Chapter 13

#14.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE, LLC VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 53


Tentative Ruling:

None.

Party Information

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

2:15-19982


Kimberly Fern Coffee


Chapter 13


#15.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Docket 69


Tentative Ruling:

None.

Party Information

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

2:15-22295


Edna L. Plesa


Telephonic Hearing


Chapter 13

#16.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 18


Tentative Ruling:

None.

Party Information

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

2:17-10623


William Ronald Lively and Kathleen Ann Lively

Telephonic Hearing


Chapter 13

#17.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 37


Tentative Ruling:

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.

Party Information

Debtor(s):

William Ronald Lively Represented By Louis J Esbin

10:00 AM

CONT...


William Ronald Lively and Kathleen Ann Lively


Chapter 13

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

2:17-13785


Alicia Olimberio Nguyen


Chapter 13


#18.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 28


Tentative Ruling:

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.

Party Information

Debtor(s):

Alicia Olimberio Nguyen Represented By Arasto Farsad

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

10:00 AM

CONT...


Trustee(s):


Alicia Olimberio Nguyen


Edward G Schloss


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-14506


Diethra Kimberly Clare

Telephonic Hearing


Chapter 13

#19.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 27


Tentative Ruling:

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.

Party Information

Debtor(s):

Diethra Kimberly Clare Represented By Kevin T Simon

10:00 AM

CONT...

Movant(s):


Diethra Kimberly Clare


Chapter 13

Wells Fargo Bank, N.A. Represented By

Dane W Exnowski

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#20.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Stipulation for adequate protection filed 2/26/18


Docket 43


Tentative Ruling:

None.

Party Information

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

2:17-16347


Gloria L Leonard


Telephonic Hearing


Chapter 13

#21.00 Motion for relief from stay [RP]


SETERUS, INC.

VS

DEBTOR


Stipulation for adequate protection filed 2/23/18 Renee Parker to appear by telephone

Docket 31

Tentative Ruling:

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.

Party Information

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

2:17-16960


Maria Dolores Silva


Chapter 13


#22.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 27


Tentative Ruling:

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.

Party Information

Debtor(s):

Maria Dolores Silva Represented By Daniel King

10:00 AM

CONT...

Movant(s):


Maria Dolores Silva


Chapter 13

Nationstar Mortgage LLC, its Represented By Merdaud Jafarnia

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-17262


Imelda Sabillo Garcia-Fernandez


Chapter 13


#23.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 54

*** VACATED *** REASON: O/E 2-16-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:17-18283


Rosa V. Jara-Cuellar


Chapter 13


#24.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Docket 27


Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Rosa V. Jara-Cuellar


Mark S Krause


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-23201


Donald Fogel and Sandra Lea Fogel

Telephonic Hearing


Chapter 13

#25.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 34

*** VACATED *** REASON: CASE DISMISSED 2/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-11198


Jesus Muniz


Chapter 13


#26.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Jesus Muniz


Chapter 13

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.

Party Information

Debtor(s):

Jesus Muniz Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24196


Brandon Michael Slavik


Chapter 7


#27.00 Motion for relief from stay [PP]


BMW BANK OF NORTH AMERICA VS

DEBTOR


Docket 30


Tentative Ruling:

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

CONT...


Debtor(s):


Brandon Michael Slavik

Party Information


Chapter 7

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

2:17-24250


Alfred P Romo


Chapter 7


#28.00 Motion for relief from stay


EILEEN BONILLAS VS

DEBTOR


Superior Court Eileen Bonillas v Alfred Palafox Romo BC636675


Docket 10


Tentative Ruling:

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.

Party Information

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

2:17-24250


Alfred P Romo


Chapter 7


#29.00 Motion for relief from stay


EILEEN BONILLAS, ADMINISTRATOR OF THE ESTATE OF CELIA ROMO

VS DEBTOR


In Re Estate of Celia P. Romo Docket # 16STPB05138


Docket 11


Tentative Ruling:

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.

Party Information

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

2:16-18448


George G Washington


Chapter 7


#30.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING VS

DEBTOR fr. 12-5-17


Docket 161

*** VACATED *** REASON: O/E 2-14-18 CONTINUED TO 5/15/18 @ 10:00 A.M.

Tentative Ruling:

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.


Party Information

Debtor(s):

George G Washington Represented By Julie J Villalobos Alan W Forsley

10:00 AM

CONT...

Movant(s):


George G Washington


Chapter 7

BAYVIEW LOAN SERVICING, Represented By

Edward G Schloss

Trustee(s):

Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido

10:00 AM

2:17-23408


Richard L Johnson


Telephonic Hearing


Chapter 7

#31.00 Motion for relief from stay [RP]


WILSHIRE ELBY TOWERS WEST CONDOMINIUM ASSOCIATION VS

DEBTOR


Mark D. Estle to appear by telephone


Docket 14


Tentative Ruling:

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.

Party Information

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

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#32.00 Motion for relief from stay


MOISES GARCIA VS

DEBTOR


fr. 1-9-18; 1-30-18


Vanessa Haberbush to appear by telephone


Docket 129

Tentative Ruling:

None.

Party Information

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

2:18-11320


Olimpia Reyes


Chapter 13


#33.00 Motion for relief from stay [UD]


MORGAN PICKS TWO, LLC VS

DEBTOR


Docket 6


Tentative Ruling:

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

CONT...


Olimpia Reyes


Chapter 13

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.

Party Information

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

2:18-11082


Willie Anderson


Chapter 13


#34.00 Motion for relief from stay [RP]


CROSBY CAPITAL USA, LLC VS

DEBTOR


Docket 8


Tentative Ruling:

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.

Party Information

Debtor(s):

Willie Anderson Pro Se

10:00 AM

CONT...

Movant(s):


Willie Anderson


Chapter 13

Crosby Capital USA, LLC Represented By Daniel I Singer

Trustee(s):

Nancy K Curry (TR) Pro Se

2:00 PM

2:17-18258


Michael Torres


Chapter 13

Adv#: 2:17-01498 Faillace et al v. Torres et al


#1.00 Status Conference re Complaint to determine dischargeability of debt


FR. 1-9-18


Docket 1


Tentative Ruling:

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).

Party Information

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

CONT...

Trustee(s):


Michael Torres


Chapter 13

Nancy K Curry (TR) Pro Se

2:00 PM

2:16-22504


Fehmida Mahmood


Chapter 7

Adv#: 2:17-01563

Gill v. Chaudhry et al

Telephonic Hearing

#2.00 Motion for Default Judgment


John Telford to appear by telephone


Docket 8


Tentative Ruling:

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.


  1. Proper Service of Summons and Complaint

    2:00 PM

    CONT...


    Fehmida Mahmood


    Chapter 7


    Plaintiff properly served defendants.


  2. 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

    CONT...


    Fehmida Mahmood


    Chapter 7

    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--

    1. partition in kind of such property among the estate and such co-owners is impracticable;

    2. 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;

    3. 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

    4. 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

    CONT...


    Fehmida Mahmood


    Chapter 7

    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.


  3. The possibility of a dispute considering material facts


    Defendants were properly served with the summons and complaint.


  4. 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.


  5. 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

CONT...


Debtor(s):


Fehmida Mahmood


Party Information


Chapter 7

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

2:16-22504


Fehmida Mahmood


Chapter 7

Adv#: 2:17-01563

Weil (TR) v. Chaudhry et al

Telephonic Hearing

#2.10 Status Conference re Complaint for Authority to Sell Co-Owner's Interest in Property


fr. 2-13-18


John Telford to appear by telephone


Docket 1


Tentative Ruling:

The court has granted the Motion for Default Judgment. This status conference is OFF CALENDAR. Appearances waived.

Party Information

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

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01255 Trickel et al v. Dayer et al


#3.00 Status Conference re Complaint for determination of dischargeability of a debt


fr. 6-27-17, 8-1-17; 11-7-17


fr. 1-30-18


Docket 1

Tentative Ruling:

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.

Party Information

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

CONT...


Donald Lee Dayer


Chapter 11

Plaintiff(s):

Francis W. Trickel Represented By

Michael D Sobkowiak

Mary E. Trickel Represented By

Michael D Sobkowiak

2:00 PM

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01323

Roberts v. Dayer et al

Telephonic Hearing

#4.00 Status Conference re Complaint for non-dischargeability fr. 8-22-17, 8-1-17; 11-7-17; 1-30-18

Michael H Raicheleson to appear by telephone


Docket 1

Tentative Ruling:

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.

Party Information

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

CONT...


Donald Lee Dayer


Michael H Raichelson


Chapter 11

2:00 PM

2:16-27054


Donald Lee Dayer


Chapter 11

Adv#: 2:17-01539

Federal Trade Commission v. Dayer et al

Telephonic Hearing

#5.00 Status Conference re Complaint for Non- Dischargeability of Debt Owed to Federal Trade Commission


fr. 1-9-17


Kimberly L Nelson to appear by telephone


Docket 1

Tentative Ruling:

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.

Party Information

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

CONT...


Donald Lee Dayer


Chapter 11

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:11-51842


Jesus Balbido Maquindang and Porferia Bacat Maquindang


Chapter 13


#1.00 Motion to Dismiss Case Due to Material Default with Respect to a Term of a Confirmed Plan Under 11 U.S.C. §1307(c) (6)


fr. 9-20-17; 11-15-17; 12-13-17


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-59086


Marietta Soltis Asumbrado


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17


Docket 70


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marietta Soltis Asumbrado Represented By Mariano A Alvarez

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:12-18807


Oscar Franco and Sarah Franco


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments.


fr. 4-26-17, 6-28-17, 8-2-17; 9-6-17; 12-13-17


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-33373


Mark Logan and Patricia Logan


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-10-18


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-39721


Lloyd Lawyer Walker and Clarisa Gutierrez Jaime


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-18-17; 12-13-17


Docket 112


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-13930


Nicole Elizabeth Small


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 10-18-17; 12-13-17


Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicole Elizabeth Small Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-23080


Ellen Rochelle Martin


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 4-26-17; 6-7-17, 8-2-17; 9-20-17; 10-18-17

12-13-17


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ellen Rochelle Martin Represented By Brad Weil

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-27994


Rudy Lopez, Sr. and Andrea Lopez


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-11-17; 12-13-17


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-26016


Mandella Wallace


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 12-13-17


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mandella Wallace Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26834


Martha Norman Morrison


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 12-13-17


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Martha Norman Morrison Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11002


Ignacio Calderon and Guadalupe Calderon


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 12-13-17


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-12585


Erik Flores


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 12-13-17


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erik Flores Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-35305


Logan William Ruru


Chapter 13


#12.10 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-18-17; 12-13-17; 2-14-18


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Logan William Ruru Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-17444


Jorge Oswaldo Obregon


Chapter 13


#13.00 Motion to modify plan or suspend plan payments fr. 1-10-18

Docket 230


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-35416


Ca-Trece Roxanne Mas'sey

Telephonic Hearing


Chapter 13

#14.00 Motion to Determine Whether Debtor Has Paid All Required Post-Petition Amounts And, If Not, The Amount Actually Owed


fr. 11-1-17; 12-13-17


Stipulation to continue hearing filed 2/26/18 Christina J. O. to appear by telephone

Docket 165


Tentative Ruling:

None.

Party Information

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

2:13-16907


Michael Joseph Birnkrant and Amy Suzanne Birnkrant


Chapter 13


#15.00 Motion for Hardship Discharge and Request

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


Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Michael Joseph Birnkrant and Amy Suzanne Birnkrant


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-18258


Michael Torres and Carla Torres


Chapter 13


#16.00 Motion to Withdraw as Counsel


Docket 65

Tentative Ruling:

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.

Party Information

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

2:16-14577


Monica Wolfe


Chapter 13


#17.00 Motion RE: Objection to Claim Number 2 by Claimant Wells Fargo Bank, N.A.


Kristin A Zilberstein to appear by telephone


Docket 48


Tentative Ruling:

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.

Party Information

Debtor(s):

Monica Wolfe Represented By David Lozano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-14577


Monica Wolfe


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 11-15-17; 1-31-18


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monica Wolfe Represented By David Lozano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19758


Christopher Thomas Lindell

Telephonic Hearing


Chapter 13

#19.00 Motion RE: Objection to Claim Number 4 by Claimant Bridges Academy


Joshua R. Driskell to appear by telephone


Docket 33


Tentative Ruling:

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.

Party Information

Debtor(s):

Christopher Thomas Lindell Represented By Joshua R Driskell

Movant(s):

Christopher Thomas Lindell Represented By

1:30 PM

CONT...


Trustee(s):


Christopher Thomas Lindell


Joshua R Driskell


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22804


Mario G. Cardona


Chapter 13


#20.00 Objection to claim #5-1 filed by Creditor Daniel Garza


Docket 33

Tentative Ruling:

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.

Party Information

Debtor(s):

Mario G. Cardona Represented By Jaenam J Coe

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13604


Arturo Torres Magallon and Jaclyn J Torres


Chapter 13


#21.00 Motion to avoid junior lien on principal residence with Trojan Capital Investment


fr. 10-11-17; 11-15-17, 1-10-18


Docket 31

*** VACATED *** REASON: O/E 2-14-18 CONTINUED TO 3/7/18 @ 1:30 P.M.

Tentative Ruling:

None.


Party Information

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

2:11-43292


Alejandro Ponce


Chapter 13


#22.00 Motion to Avoid Lien Junior Lien with Bank of America, N.A. filed with Proof of Service. Filed by Debtor Alejandro Ponce (Attachments: # 1 Supplement Declaration of Debtor # 2 Exhibit A: First TD Proof of Claim # 3 Exhibit B: Second TD Proof of Claim # 4 Exhibit C: First and Second Trust Deeds # 5 Exhibit D: Appraisal # 6 Exhibit E: First TD Loan Modification Agreement) (Lago, Peter)


Docket 137


Tentative Ruling:

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

CONT...


Alejandro Ponce


Chapter 13

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.

Party Information

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

2:11-43292


Alejandro Ponce


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-11-17; 11-15-17; 1-31-18


Docket 124


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alejandro Ponce Represented By Peter L Lago

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#1.00 Motion for Allowance of Administrative Claim of T.A.G. Management, Inc


fr. 1-11-18; 2-1-18


Docket 915

Tentative Ruling:

None.

Party Information

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

2:13-24363


Even St. Productions Ltd.


Chapter 11


#2.00 Motion for Allowance of Administrative Claims of Elva Hackney


fr. 1-11-18; 2-1-18


Docket 916


Tentative Ruling:

None.

Party Information

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

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#3.00 Application for Compensation of Final Fees and Expenses for Haberbush & Associates, LLP, Debtor's Attorney


Docket 596


Tentative Ruling:

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.

Party Information

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#4.00 Final Fee Application for Compensation for Legal Services Rendered and Reimbursement of Expenses by The Law Firm of Atkinson, Andelson, Loya, Ruud & Romo


Docket 592


Tentative Ruling:

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.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#5.00 Third and Final Application for Compensation and Reimbursement of Expenses by Armory Consulting Company as Financial Advisor to the Official Committee of Unsecured Creditors


Docket 590


Tentative Ruling:

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.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#6.00 Fourth And Final Application For Compensation And Reimbursement Of Expenses By Danning, Gill, Diamond & Kollitz, LLP As General Counsel For The Official Committee Of Unsecured Creditors


Docket 588


Tentative Ruling:

None.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#7.00 Motion For Final Decree and Order Closing Case.


Docket 594


Tentative Ruling:

None.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#8.00 Hrg re debtor's motion for order approving rejection of executory contract (real property lease) between debtor and Sloane Two Rodeo, LLC as of January 31, 2018, subject to debtor's option to rescind rejection on or before that date


fr. 1-18-18; 1-30-18, 2-15-18


Docket 72


Tentative Ruling:

None.

Party Information

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

2:17-23986


R & S Antiques, Inc.


Chapter 11


#9.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-18


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#10.00 Motion for Setting Property Value


fr. 11-09-17, 12-14-17, 1-18-18, 2-15-18


Docket 59

Tentative Ruling:

None.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114

Fariborz Rafael

Chapter 11

#11.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18

Docket 22


Tentative Ruling:

None.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-20227


Little Saigon Supermarket, LLC


Chapter 11


#12.00 Confirmation of Debtor's Plan of Reorganization fr. 2-15-18


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Little Saigon Supermarket, LLC Represented By Elaine Nguyen

10:00 AM

2:15-17693


Mark Allen Harris


Chapter 11


#13.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 114

*** VACATED *** REASON: CONTINUED TO 3/29/18 @ 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Allen Harris Represented By Peter M Lively

2:00 PM

2:16-18448


George G Washington


Chapter 7


#1.00 Chapter 7 Trustees Motion for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Liens, Subject to Overbids and Request for Approval of the Bidding Procedures Utilized;

  1. Avoiding Tax Penalties Under 11 U.S.C. § 724(a);

  2. Approving Payment Of Real Estate Commission; and (4) Granting Related Relief


    Docket 184


    Tentative Ruling:

    None.

    Party Information

    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

    2:15-21249


    Maria C. Gonzalez


    Chapter 13

    Adv#: 2:15-01560 Windom et al v. Gonzalez


    #2.00 Trial Re Complaint to Determine Nondischargeability of Debt


    [RULING]


    fr. 8-7-17, 8-10-17; 10-16-17, 11-13-17; 2-12-18; 2-12-18


    Docket 1

    *** VACATED *** REASON: O/E 2-28-18 CONTINUED TO 3/29/18 @ 2:00 P.M.

    Tentative Ruling:

    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.

    Party Information

    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

    CONT...


    Trustee(s):


    Maria C. Gonzalez


    John Davies John Davis

    Giovanni Orantes


    Chapter 13

    Nancy K Curry (TR) Pro Se

    2:00 PM

    2:18-11173


    Jose Blanco


    Chapter 13


    #3.00 Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


    Docket 17


    Tentative Ruling:

    None.

    Party Information

    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

    2:17-13634


    Baldwin Park Congregate Home, Inc.

    Telephonic Hearing


    Chapter 11

    #1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


    fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17

    fr 2-15-18


    Docket 54

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #2.00 First Amended Disclosure Statement describing Chapter 11 Plan of Reorganization

    fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18

    Docket 148

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    Movant(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    2:00 PM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #3.00 Motion for Order Authorizing Use of Cash Collateral


    fr. 11-16-17,12-7-17; 2-15-18


    Docket 211

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #4.00 Motion To Estimate Claim (Claim No. 9) fr 2-15-18

    Docket 289

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #4.10 Motion to Disallow Claims Martinson

    Docket 321

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #5.00 Motion To Estimate Claim (Claim No. 14) fr 2-15-18

    Docket 290

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #5.10 Motion to Disallow Claims (Salceda)

    Docket 320

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #6.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]

    FR 12-14-17; 2-1-18; 2-15-18

    Docket 210

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    Movant(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    2:00 PM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #7.00 Motion To Estimate Claim (Claim No. 13)

    West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18


    Docket 291

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    2:00 PM

    2:17-13634

    Baldwin Park Congregate Home, Inc.

    Chapter 11

    #8.00 Scheduling and Case Management Conference in a Chapter 11 Case

    fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18

    Docket 101

    *** VACATED *** REASON: O/E 3-2-18 CONTINUED TO 4-9-18 @ 10:00 A.M.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    10:00 AM

    2:16-27002

    Juan Jose Soria Jimenez and Maria Del Carmen Duran

    Chapter 13


    #1.00 Motion for relief from stay [PP]


    REGIONAL ACCEPTANCE CORPORATION VS

    DEBTOR


    Docket 39


    Tentative Ruling:

    None.

    Party Information

    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

    2:17-24986


    Terence Lamont Sullivan

    Telephonic Hearing


    Chapter 13

    #2.00 Motion for relief from stay [PP]


    WHEELS FINANCIAL GROUP, LLC VS

    DEBTOR


    Sheryl D Noel to appear by telephone


    Docket 21


    Tentative Ruling:

    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.

    Party Information

    10:00 AM

    CONT...

    Debtor(s):


    Terence Lamont Sullivan


    Chapter 13

    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

    2:14-16469


    J. Craig Fostrey


    Telephonic Hearing


    Chapter 13

    #3.00 Motion for relief from stay [RP]


    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


    Tentative Ruling:

    None.

    Party Information

    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

    2:14-18718


    Vilma Reginaldo Sakha and Sahat Manafpour Sakha

    Telephonic Hearing


    Chapter 13

    #4.00 Motion for relief from stay [RP]


    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


    Tentative Ruling:

    None.

    Party Information

    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

    CONT...

    Trustee(s):


    Vilma Reginaldo Sakha and Sahat Manafpour Sakha


    Chapter 13

    Nancy K Curry (TR) Pro Se

    10:00 AM

    2:14-25599


    Oscar Ayala


    Telephonic Hearing


    Chapter 13

    #5.00 Motion for relief from stay [RP]


    WELLS FARGO BANK, N.A. VS

    DEBTOR Fr 2-6-18

    Robert S Altagen to appear by telephone


    Docket 28

    *** VACATED *** REASON: O/E 3-1-18 SETTLED BY STIPULATION

    Tentative Ruling:

    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

    CONT...


    Oscar Ayala


    Chapter 13

    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.

    Party Information

    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

    2:15-25632


    Elliott Van Buren Thomas and Barbara Jo Thomas


    Chapter 13


    #6.00 Motion for relief from stay [RP]


    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

    Tentative Ruling:

    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.

    Party Information

    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

    CONT...


    Trustee(s):


    Elliott Van Buren Thomas and Barbara Jo Thomas

    Joseph C Delmotte


    Chapter 13

    Nancy K Curry (TR) Pro Se

    10:00 AM

    2:17-25246


    Habib Basravi


    Chapter 13


    #7.00 Motion for relief from stay [RP]


    WELLS FARGO BANK, N.A. VS

    DEBTOR Fr 2-6-18

    Case Dismissed on 1-3-18


    Docket 11


    Tentative Ruling:

    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)

  3. to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant 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

CONT...


Habib Basravi


Chapter 13

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.

Party Information

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

CONT...


Habib Basravi


Chapter 13

10:00 AM

2:12-47735


Lilia Velasco


Chapter 13


#8.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 99


Tentative Ruling:

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.

Party Information

Debtor(s):

Lilia Velasco Represented By

Barry E Borowitz

Movant(s):

Wells Fargo Bank, N.A. Represented By

10:00 AM

CONT...


Trustee(s):


Lilia Velasco


Trang Truong William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:14-24439


Donna M. Henson


Chapter 13


#9.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 57

*** VACATED *** REASON: O/E 2-13-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-21137


Salvador Montiel


Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 29


Tentative Ruling:

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.

Party Information

Debtor(s):

Salvador Montiel Represented By Stephen L Burton

10:00 AM

CONT...

Movant(s):


Salvador Montiel


Chapter 13

U.S. BANK NATIONAL Represented By Joseph C Delmotte John D Schlotter

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-11430


Nicole Antoinette Luter


Chapter 13


#11.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 15


Tentative Ruling:

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

CONT...


Nicole Antoinette Luter


Chapter 13

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.

Party Information

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

2:18-11468


Guadalupe Reyes


Chapter 13


#12.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 6


Tentative Ruling:

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

CONT...


Guadalupe Reyes


Chapter 13

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.

Party Information

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

2:17-25384


Rafael Herrera Rivera


Chapter 7


#13.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION VS

DEBTOR


Docket 7


Tentative Ruling:

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

CONT...


Rafael Herrera Rivera


Chapter 7



Debtor(s):

The movant shall submit an appropriate order.

Party Information

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

2:17-25560


Celia Rodriguez


Chapter 7


#14.00 Motion for relief from stay


KAY KITSUTA VA

DEBTOR


Docket 14


Tentative Ruling:

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

CONT...


Celia Rodriguez

The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.


Chapter 7

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.

Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#15.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 1-9-18

Docket 32


Tentative Ruling:

None.

Party Information

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

2:17-25658


Yolanda Haro


Chapter 7


#16.00 Motion for relief from stay [UD]


BRADLEY WEEKS VS

DEBTOR


Docket 12

Tentative Ruling:

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.

Party Information

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

2:18-11592


Wajida Alhambra


Chapter 11


#17.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 8


Tentative Ruling:

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.

Party Information

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

2:18-11632


Dave Behar


Chapter 13


#18.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Dave Behar


Chapter 13

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.

Party Information

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

2:18-11695


Jose Angel Mata


Chapter 13


#19.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 8


Tentative Ruling:

None.

Party Information

Debtor(s):

Jose Angel Mata Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548 Mastan v. Biasiolo et al


#1.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-18459


Eddy J Cruz


Chapter 7

Adv#: 2:17-01511

Acevedo et al v. Cruz

Telephonic Hearing

#2.00 Status Conference re Complaint to determine dischargeability of debt


fr. 1-9-18


Docket 1

*** VACATED *** REASON: O/E 2-12-18 CONTINUED TO 4/3/18 @ 2:00 P.M.

Tentative Ruling:

None.

Party Information

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

CONT...


Eddy J Cruz


David Brian Lally


Chapter 7

Maria Guadalupe Ramos Represented By David Brian Lally

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:14-16469


J. Craig Fostrey


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17, 1-10-18


Docket 103


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

J. Craig Fostrey Represented By Tamar Terzian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-17630


Juan Almanza and Rosanna Almanza


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17, 1-10-18


Docket 27

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 02/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:14-17636


Mario Santana Navarro and Karla Cecilia Lopez


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17, 1-10-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-26798


Odon Dela Cruz Salvacion and Eliza R. Salvacion


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17, 1-10-18


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-15103


Oscar Antonio Fashen


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-10-18


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Oscar Antonio Fashen Represented By

Jerome Bennett Friedman

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-15171


Henry L Jackson and Carolyn L Jackson


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 1-10-18


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-24254


Garcia Amelia


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17, 1-10-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Garcia Amelia Represented By Michael V Jehdian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26926


Tomacka Thrasher


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17, 1-10-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tomacka Thrasher Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-28929


Isaias L Ferrer


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Under 11 U.S.C §1307(c)


fr 11-1-17, 1-10-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Isaias L Ferrer Represented By Justin D Graham

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10647


Reid Jeffrey Osherow


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17

11-15-17, 1-10-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reid Jeffrey Osherow Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 7-5-17; 9-6-17; 11-15-17, 1-10-18


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-46431


Betsaida Sanchez-Young


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision. (Curry (TR), Nancy)


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betsaida Sanchez-Young Represented By Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-46853


Dick Woods and Joanne Woods


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 35

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-22208


George Chavez, Jr. and Nate Charisse Chavez


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 50

*** VACATED *** REASON: Voluntary Dismissal of Motion filed: 1/19/18 Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-36806


Antonio Vaca


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Antonio Vaca Represented By Tyson Takeuchi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-37724


Lynette Marie Baker


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lynette Marie Baker Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-17049


Anthony Eugene Walker


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony Eugene Walker Represented By Brad Weil

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-18718


Vilma Reginaldo Sakha and Sahat Manafpour Sakha


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-20111


Daniel Rivera


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Rivera Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-30621


Conrad Irving Coriz and Emma Kate Coriz


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 46

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:14-31902


Jaime Gutierrez and Myrna Gutierrez


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-14689


Doris Mae Tinson


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Doris Mae Tinson Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-19315


Beth M Yu


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Beth M Yu Represented By

Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-22988


Jennifer Penalber


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Penalber Represented By Danelle Lloyd

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26770


Jesus Limon


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Limon Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-17132


William Hernandez and Beverly Christine Hernandez


Chapter 13


#25.10 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 80


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-33000


Jamie Georgia Armstead


Chapter 13


#25.20 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jamie Georgia Armstead Represented By James C Shields

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24585


George Le'mar Marrow and Maria Elena Marrow


Chapter 13


#25.30 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-32210


Abraham Christopher Silva


Chapter 13


#25.40 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#25.50 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23031


Guilmar Alfredo Ruano


Chapter 13


#25.60 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22804


Mario G. Cardona


Chapter 13


#26.00 Objection to Debtor's Claim of Exemption in Personal Property


Docket 22


Tentative Ruling:

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.


Party Information

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

2:17-24909


Carmelita D Rupnow


Chapter 13


#27.00 Objection to Claim #1 by Claimant Deutsche Bank NT


Docket 29


Tentative Ruling:

None.

Party Information

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

2:17-24909


Carmelita D Rupnow


Chapter 13


#28.00 Hearing Re: Confirmation of Ch. 13 Plan


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carmelita D Rupnow Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20517


Patricia Lopez


Telephonic Hearing


Chapter 13

#29.00 Objection to Claim #4 by Claimant LVNV Funding, LLC


B. Ben Mohandesi to appear by telephone


Docket 58


Tentative Ruling:

None.

Party Information

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

2:16-20517


Patricia Lopez


Telephonic Hearing


Chapter 13

#30.00 Objection to Claim #3 by Claimant LVNV Funding, LLC


B. Ben Mohandesi to appear by telephone


Docket 56


Tentative Ruling:

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.

Party Information

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

2:16-20517


Patricia Lopez


Chapter 13


#31.00 Objection to Claim #2 by Claimant LVNV Funding, LLC


Docket 54


Tentative Ruling:

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.

Party Information

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

2:17-19555


Ruben N Rivera


Chapter 13


#32.00 Motion to avoid junior lien on principal residence with Anson Street, LLC c/o Shellpoint Mortgage Servicing


Docket 24


Tentative Ruling:

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.



Party Information

Debtor(s):

Ruben N Rivera Represented By Rebecca Tomilowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13604


Arturo Torres Magallon and Jaclyn J Torres


Chapter 13


#33.00 Motion to avoid junior lien on principal residence with Trojan Capital Investment


fr. 10-11-17; 11-15-17, 1-10-18


Docket 31

Tentative Ruling:

None.

Party Information

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

2:17-16215

Lilia Nuno

Telephonic Hearing

Chapter 11

#33.10 Motion For Relief From The March 3, 2017 Order Granting In Rem Relief To Wells Fargo Bank, N.A.

Dane Exnowski to appear by telephone

Docket 92


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

1:30 PM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#34.00 Motion for Protective Order & Notice by Creditors Jose M. Velasquez, Jose Edgar Velasquez, Anthony Calero Padilla, And William A. Velasquez


Docket 241

*** VACATED *** REASON: O/E 3-5-18 CONTINUED TO 3-12-18 @ 1:00 P.M.

Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 11-9-17


Docket 11

*** VACATED *** REASON: Rescheduled to 2:00 PM Calendar Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

10:00 AM

2:17-18700

Palig Saghdejian

Chapter 11

#2.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 10-5-17; 11-9-17

Docket 19

*** VACATED *** REASON: Rescheduled to 2:00 PM Calendar Tentative Ruling:

None.

Party Information

Debtor(s):

Palig Saghdejian Represented By Stephen L Burton

10:00 AM

2:17-14484

RPM Harbor Services, Inc.

Chapter 11

#3.00 Motion for Order Setting Procedures For Objections to, Estimations of, and/or Determination of, Secured Status of Proofs of Claims; With Proof of Service Filed by Debtor RPM Harbor Services, Inc. (Attachments: # 1 Exhibit 1) (Haberbush, Vanessa)

Docket 162

*** VACATED *** REASON: Rescheduled to 2:00 PM Calendar Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-13-17; 9-7-17; 1-11-18


Docket 1

*** VACATED *** REASON: Rescheduled to 2:00 PM Calendar Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#5.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 11-16-17, 1-18-18


Docket 75

*** VACATED *** REASON: O/E 1-22-18 CONTINUED TO 2:00 P.M. TODAY

Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

United States Trustee (LA) Represented By Alvin Mar

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#6.00 Order to Show Cause RE Dismissal fr. 11-16-17, 1-18-18

Docket 71

*** VACATED *** REASON: O/E 1-22-18 CONTINUED TO 2:00 P.M. TODAY

Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#7.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17, 1-18-18


Docket 0

*** VACATED *** REASON: O/E 1-22-18 CONTINUED TO 2:00 P.M. TODAY

Tentative Ruling:

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.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#8.00 Motion to Use Cash Collateral


Docket 62

*** VACATED *** REASON: CONTINUED TO 2:00 P.M. TODAY

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

Movant(s):

Alverna Stanley Represented By Phillip Myer

2:00 PM

2:17-19068


Miguel Ibarra


Chapter 7


#1.00 Motion for fine and/or disgorgement of fees against bankruptcy petition preparer Javier Morales and Si Es Legal


Stipulation to continue hearing filed 3/5/18


Docket 14


Tentative Ruling:

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.

Party Information

Debtor(s):

Miguel Ibarra Represented By Dana M Douglas

Trustee(s):

Carolyn A Dye (TR) Pro Se

2:00 PM

2:13-19712


Terrance Alexander Tomkow


Chapter 7


#2.00 Motion to Dismiss Chapter 7 Case Conditioned Upon Payment in Full of All Allowed Administrative Expenses and Liquidated Unsecured Claims


Docket 267

Tentative Ruling:

Objecting creditors are to address why dismissal results in legal prejudice in light of the pending district court action which asserts the same claims.

Party Information

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

2:13-19712

Terrance Alexander Tomkow

Chapter 7

#3.00 Application for Compensation for Timothy Yoo (TR), Trustee Chapter 7

Docket 271


Tentative Ruling:

None.

Party Information

Debtor(s):

Terrance Alexander Tomkow Represented By Lewis R Landau

Trustee(s):

Timothy Yoo (TR) Represented By Carmela Pagay

2:00 PM

2:13-19712


Terrance Alexander Tomkow


Chapter 7


#4.00 Application for Compensation for Levene, Neale, Bender, Yoo & Brill L.L.P., Attorneys for Chapter 7 Trustee for Carmela Pagay, Trustee's


Docket 270


Tentative Ruling:

None.

Party Information

Debtor(s):

Terrance Alexander Tomkow Represented By Lewis R Landau

Trustee(s):

Timothy Yoo (TR) Represented By Carmela Pagay

2:00 PM

2:13-19712


Terrance Alexander Tomkow


Chapter 7


#4.10 First and Final Application for Allowance and Payment of Fees and Reimbursement of Expenses of Lobel Weiland Golden Friedman LLP, Special Counsel for the Trustee


Docket 273


Tentative Ruling:

None.

Party Information

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

2:13-19713


Zafar David Khan


Chapter 7


#5.00 Motion to Dismiss Chapter 7 Case Conditioned Upon Payment in Full of All Allowed Administrative Expenses and Liquidated Unsecured Claims


Docket 395


Tentative Ruling:

See tentative for matter No. 2.

Party Information

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

2:13-19713


Zafar David Khan


Chapter 7


#6.00 First and Final Application for Payment of Fees and for Reimbursement of Expenses for Hinds

& Shankman, LLP, Counsel to Rosendo Gonzalez, Chapter 7 Trustee


Docket 398


Tentative Ruling:

None.

Party Information

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

2:13-19713


Zafar David Khan


Chapter 7


#7.00 Application for Compensation of Final Fees and Expenses, for Rosendo Gonzalez (TR),


Docket 402


Tentative Ruling:

None.

Party Information

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

2:13-19713


Zafar David Khan


Chapter 7


#8.00 First and Final Application for Allowance and Payment of Fees and Reimbursement of Expenses of Lobel Weiland Golden Friedman LLP, Special Counsel for the Trustee


Docket 404


Tentative Ruling:

None.

Party Information

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

2:17-18700


Palig Saghdejian


Chapter 11


#9.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 10-5-17; 11-9-17


Docket 19

Tentative Ruling:

None.

Party Information

Debtor(s):

Palig Saghdejian Represented By Stephen L Burton

2:00 PM

2:17-20543

Rafael Ayala Gutierrez

Chapter 11

#10.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 11-9-17

Docket 11


Tentative Ruling:

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.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

2:00 PM

2:16-21633


Alverna Stanley


Chapter 11


#11.00 Motion to Use Cash Collateral


Docket 62

Tentative Ruling:

No opposition was filed. The motion for use of cash collateral is granted. Debtor to upload an order granting the motion. Appearances waived.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

Movant(s):

Alverna Stanley Represented By Phillip Myer

2:00 PM

2:16-21314

Rhonda E. Reynolds

Chapter 11


#12.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 11-16-17, 1-18-18

fr 3-8-18 (10:00 Calendar)


Docket 75


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

United States Trustee (LA) Represented By Alvin Mar

2:00 PM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#13.00 Order to Show Cause RE Dismissal


fr. 11-16-17, 1-18-18

fr 3-8-18 (10:00 Calendar)


Docket 71


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

2:00 PM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

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.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

2:00 PM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#15.00 Motion for Order Setting Procedures For Objections to, Estimations of, and/or Determination of, Secured Status of Proofs of Claims


Docket 162


Tentative Ruling:

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?

Party Information

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

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#16.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-13-17; 9-7-17; 1-11-18


Docket 1


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:18-10608


Steve Butler and Richard Sykes


Chapter 13


#1.00 Motion for relief from stay [UD]


RICHARD SYKES VS

DEBTOR


Docket 19


Tentative Ruling:

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

CONT...


Steve Butler and Richard Sykes


Chapter 13


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:18-11558


Oscar Lopez


Chapter 13


#2.00 Motion for relief from stay [UD]


CISR INVESTMENTS, LLC VS

DEBTOR


Docket 9


Tentative Ruling:

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

CONT...


Oscar Lopez


Chapter 13

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.

Party Information

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

2:16-11748


Kenneth P. Justak


Chapter 13


#3.00 Motion for relief from stay [PP]


EXETER FINANCE LLC VS

DEBTOR


fr. 1-16-18; 2-13-18


Docket 50


Tentative Ruling:

None.

Party Information

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

2:17-18237


Cicero Clemente De Albuquerque


Chapter 13


#4.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT COMPANY VS

DEBTOR


Docket 21


Tentative Ruling:

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.

Party Information

Debtor(s):

Cicero Clemente De Albuquerque Represented By

Michael D Luppi

10:00 AM

CONT...

Movant(s):


Cicero Clemente De Albuquerque


Chapter 13

Toyota Motor Credit Corporation Represented By

Austin P Nagel

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24663


Norma A Martinez


Chapter 13


#5.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION

VS DEBTOR


Docket 19


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Norma A Martinez


Chapter 13

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

2:18-10578


Jose Antonio Ascencio and Eugenia Ascencio


Chapter 13


#6.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION

VS DEBTOR


Docket 14

*** VACATED *** REASON: O/E 3-8-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:13-26832


Albino Evangelista Guimapang and Mari-Len Callera


Chapter 13


#7.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE, LLC VS

DEBTOR fr. 2-27-18


Docket 53

*** VACATED *** REASON: O/E 3-13-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Albino Evangelista Guimapang and Mari-Len Callera

Dane W Exnowski


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:15-22295


Edna L. Plesa


Chapter 13


#8.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr. 2-27-18


Docket 18

*** VACATED *** REASON: O/E 3-5-18 SETTLED BY STIPULATION

Tentative Ruling:

None.

Party Information

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

2:13-29979


Diosdado B Balcorta, Jr.


Chapter 13


#9.00 Motion for relief from stay [RP]


DITECH FINANCIAL VS

DEBTOR


Docket 54

*** VACATED *** REASON: O/E 3-19-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:14-17132


William Hernandez and Beverly Christine Hernandez


Chapter 13


#10.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


CASE DISMISSED ON 3/13/18


Docket 82

*** VACATED *** REASON: CASE DISMISSED ON 3/13/18

Tentative Ruling:

Party Information

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

2:14-17206


Ralph Hernandez and Maria Hernandez


Chapter 13


#11.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 55


Tentative Ruling:

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.

Party Information

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

2:16-24212


Agatha Oh


Chapter 13


#12.00 Motion for relief from stay [RP]


WELLS FARGO BANK VS

DEBTOR


Docket 47


Tentative Ruling:

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.

Party Information

Debtor(s):

Agatha Oh Represented By

Laleh Ensafi

Movant(s):

Wells Fargo Bank, N.A. Represented By

10:00 AM

CONT...


Trustee(s):


Agatha Oh


Dane W Exnowski


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-19771


Donna Marie Taylor


Chapter 13


#13.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR


Docket 23


Tentative Ruling:

None.

Party Information

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

2:17-20336


Samantha Sanders


Chapter 13


#14.00 Motion for relief from stay [RP]


WOODLAND HILLS MORTGAGE BANKING CORPORATION

VS DEBTOR


Docket 31


Tentative Ruling:

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

CONT...


Samantha Sanders


Chapter 13

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.

Party Information

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

2:17-20336


Samantha Sanders


Chapter 13


#15.00 Motion for relief from stay [RP]


NEAL AND SALLY COHEN VS

DEBTOR


Docket 29


Tentative Ruling:

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

CONT...


Samantha Sanders


Chapter 13

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.

Party Information

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

2:17-21039


Renia Harbin


Chapter 13


#16.00 Motion for relief from stay [RP]


U.S. BANK NA AS LEGAL TITLE TRUSTEE

VS DEBTOR


Docket 26


Tentative Ruling:

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.

Party Information

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

2:17-21041


Rachelle Genese Kessee


Chapter 13


#17.00 Motion for relief from stay [RP]


RICHARD D NIEMI AND KATHLEEN NIEMI

VS DEBTOR


Docket 37


Tentative Ruling:

None.

Party Information

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

2:18-11055


Chul Joong Park


Chapter 13


#18.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Docket 10


Tentative Ruling:

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

CONT...


Chul Joong Park


Chapter 13

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.

Party Information

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

2:18-12035


Angela Olivia Beltran


Chapter 13


#19.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

10:00 AM

CONT...


Angela Olivia Beltran


Chapter 13

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.

Party Information

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

2:18-12036


Monica Matthews-Diaz


Chapter 13


#20.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 13


Tentative Ruling:

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

10:00 AM

CONT...


Monica Matthews-Diaz


Chapter 13

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.

Party Information

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

2:17-24250


Alfred P Romo


Chapter 7


#21.00 Motion for relief from stay


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

*** VACATED *** REASON: CASE DISMISSED 2/27/18

Tentative Ruling:

Debtor's case was dismissed on February 27, 2018. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.

Party Information

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

2:17-24250


Alfred P Romo


Chapter 7


#22.00 Motion for relief from stay


EILEEN BONILLAS VS

DEBTOR


Superior Court Eileen Bonillas v Alfred Palafox Romo BC636675


fr 2-27-18


Case dismissed 2/27/18


Docket 10

*** VACATED *** REASON: CASE DISMISSED 2/27/18

Tentative Ruling:

Debtor's case was dismissed on February 27, 2018. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.


Party Information

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

2:18-11720


Charlotte Reed


Chapter 7


#23.00 Motion for relief from stay [UD]


HAZEL LIVINGSTON VS

DEBTOR


Docket 10


Tentative Ruling:

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

CONT...


Charlotte Reed


Chapter 7

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.

Party Information

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

2:18-10472


Fredy Mauricio Valladares-Fuentes and Francisca Marilyn


Chapter 7


#24.00 Motion for relief from stay [PP]


WELLS FARGO BANK VS

DEBTOR


Docket 8


Tentative Ruling:

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

10:00 AM

CONT...


Fredy Mauricio Valladares-Fuentes and Francisca Marilyn


Chapter 7

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.

Party Information

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

2:18-10525


Vincent Harris


Chapter 7


#25.00 Motion for relief from stay [RP]


MIDFIRST BANK VS

DEBTOR


Docket 12


Tentative Ruling:

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

10:00 AM

CONT...


Vincent Harris


Chapter 7

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.

Party Information

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

2:18-12333


Lesa Ann Winokur


Chapter 13


#26.00 Motion for relief from stay [UD]


NVSI, INC VS DEBTOR


Docket 7


Tentative Ruling:

None.

Party Information

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

2:18-10263


John Blanco


Chapter 7


#27.00 Motion for relief from stay [UD]


LEA TEDROWE VS

DEBTOR


Docket 20


Tentative Ruling:

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

CONT...


John Blanco


Chapter 7

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.

Party Information

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

2:18-12268


Sergio Moreno Morales


Chapter 13


#28.00 Motion for relief from stay [RP]


PACIFIC LOANWORKS, INC VS

DEBTOR


Docket 11


Tentative Ruling:

None.

Party Information

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

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516

Villas Del Rey Condominium Assoc. v. Roshan

Telephonic Hearing

#1.00 Status Conference re First Amended Complaint to determine dischargeability of debt and deny discharge


fr. 1-9-18, 1-16-18


Docket 1


Tentative Ruling:

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.


Party Information

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

2:18-12195


Ana D Barahona


Chapter 13


#1.00 Motion for relief from stay [UD]


OAKTREE INVESTMENTS, INC VS

DEBTOR


Docket 8


Tentative Ruling:

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

10:00 AM

CONT...


Ana D Barahona


Chapter 13

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.

Party Information

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

2:18-11950


Kenneth Hinds


Chapter 13


#2.00 Motion for relief from stay [UD]


1032 95TH MANAGEMENT, LLC VS

DEBTOR


Docket 9

*** VACATED *** REASON: CASE DISMISSED 3-12-18

Tentative Ruling:

Party Information

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

2:17-24372


Harry L Solt and Lissette Solt


Chapter 13


#3.00 Motion for relief from stay [PP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 36


Tentative Ruling:

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.

Party Information

Debtor(s):

Harry L Solt Represented By

10:00 AM

CONT...


Harry L Solt and Lissette Solt


Leroy Bishop Austin


Chapter 13

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

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#4.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC. VS

DEBTOR


Docket 39


Tentative Ruling:

None.

Party Information

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

2:17-17484


Lisa Virgene McGeo


Chapter 13


#5.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC. VS

DEBTOR


Docket 47


Tentative Ruling:

None.

Party Information

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

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#6.00 Motion for relief from stay [PP]


ONDREA FAILLACE AND BLACK ROSE TAVERN, INC. VS

DEBTOR


Stipulation regarding termination of automatic stay filed 3/20/18


Docket 81


Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Michael Torres and Carla Torres


Robert M Aronson Robbin L Itkin


Chapter 7

David M Goodrich (TR) Represented By Richard A Marshack

10:00 AM

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#7.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Richard Pacheco and Elva Bernice Pachero

Caren J Castle


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-10751


Ouida Michiko Woods


Chapter 13


#8.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


fr. 10-31-17; 11-28-17, 1-9-18; 2-27-18


Docket 21


Tentative Ruling:

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

CONT...


Debtor(s):


Ouida Michiko Woods

Party Information


Chapter 13

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

2:14-29381


Carlos Guardado and Jennie Reese


Chapter 13


#9.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 1-9-18; 2-6-18


Docket 59


Tentative Ruling:

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.

Party Information

Debtor(s):

Carlos Guardado Represented By John D Monte

Joint Debtor(s):

Jennie Reese Represented By

John D Monte

10:00 AM

CONT...

Movant(s):


Carlos Guardado and Jennie Reese


Chapter 13

Wells Fargo Bank, N.A. Represented By Brandye N Foreman Darlene C Vigil

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24686


Guillermina Arevalo


Chapter 13


#10.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 33


Tentative Ruling:

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.

Party Information

Debtor(s):

Guillermina Arevalo Represented By Devin Sawdayi

Movant(s):

Nationstar Mortgage LLC d/b/a Mr. Represented By

10:00 AM

CONT...


Trustee(s):


Guillermina Arevalo


Merdaud Jafarnia


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-19091


David Becerra and Mariaelena Morales Becerra


Chapter 13


#11.00 Motion for relief from stay [RP]


METROPOLITAN LIFE INSURANCE COMPANY VS

DEBTOR(S)


Docket 55

*** VACATED *** REASON: O/E 3-19-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-24193


Mariana Brown


Chapter 13


#12.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 41


Tentative Ruling:

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.

Party Information

Debtor(s):

Mariana Brown Represented By Anthony P Cara

Movant(s):

Nationstar Mortgage LLC d/b/a Mr. Represented By

10:00 AM

CONT...


Trustee(s):


Mariana Brown


Merdaud Jafarnia


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-23851


Lisa Marie Battiest


Chapter 13


#13.00 Motion for relief from stay [RP]


CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS

DEBTOR


Docket 35


Tentative Ruling:

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.

Party Information

Debtor(s):

Lisa Marie Battiest Represented By William G Cort

Movant(s):

CAM XIV TRUST, its successors Represented By

10:00 AM

CONT...


Trustee(s):


Lisa Marie Battiest


Reilly D Wilkinson


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-11654


Young Hoon Ko


Chapter 13


#14.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 13


Tentative Ruling:

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

CONT...


Young Hoon Ko


Chapter 13

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.

Party Information

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

2:17-22906


Reynolds K. Ohai


Chapter 13


#15.00 Motion for relief from stay [RP]


SETERUS, INC VS

DEBTOR


Docket 22

*** VACATED *** REASON: CASE DISMISSED ON 3/8/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-17692


Enrique Ramirez Casillas and Brenda Maribel Casillas


Chapter 13


#16.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 70


Tentative Ruling:

None.

Party Information

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

2:17-25560


Celia Rodriguez


Chapter 7


#17.00 Motion for relief from stay


KAY KITSUTA VA

DEBTOR fr. 3-6-18

Docket 14


Tentative Ruling:

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

CONT...


Celia Rodriguez


Chapter 7

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.

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01290 Mastan v. Danpour et al


#1.00 Status Conference re Complaint for:


  1. avoidance of preferential transfers [11 U.S.C. Section 547]

  2. avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]

  3. avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]

  4. recovery of avoided transfers [11 U.S.C. Section 550] and

  5. 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

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Avenue K1753, LLC


Chapter 7

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al


#2.00 Status Conference re Complaint for declaratory relief

Clerk Has Entered Default Against Defendant(s) Jose Gomez Clerk Has Entered Default Against Defendant(s) Eco Modular, Inc


fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18; 2-13-18


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Marco Antonio Garcia


Chapter 7

Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim

2:00 PM

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan


#3.00 Motion to Dismiss First Amended Complaint for Failure to State a Claim Upon which Relief may be Granted


Docket 18


Tentative Ruling:

None.

Party Information

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

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan


#4.00 Status Conference re First Amended Complaint to determine dischargeability of debt and deny discharge


fr. 1-9-18, 1-16-18; 3-20-18


Docket 1


Tentative Ruling:

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.


Party Information

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:13-18332


Paul Nelson and Linda Nelson


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17;11-15-17; 12-13-17; 1-31-18


Docket 89


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-23437


Rodolfo L Lomeli


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17; 2-14-18


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rodolfo L Lomeli Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23554


Fortunato Ramirez, Jr.


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17; 2-14-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Fortunato Ramirez Jr. Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:10-38287


James A Baltutis


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18


Docket 78


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James A Baltutis Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-60478


Monique M. Adams


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monique M. Adams Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-16234


Laura Bash


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Laura Bash Represented By

Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-41465


James Cardenas


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18


Docket 109


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Cardenas Represented By Charles Shamash Joseph Caceres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-31591


Franklin Hernan Gonzalez


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17; 11-15-17


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Franklin Hernan Gonzalez Represented By Michael Y Lo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-41055


Francisco Estrada and Nariza Naval-Estrada


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18


Docket 87


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-18122


Betsy Yun-Yuan Wang


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr 2-14-18


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betsy Yun-Yuan Wang Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23889


George Contreras Lopez and Deborah Margaret Lopez


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17; 1-31-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-12057


Chang Il Chung and Jennifer Erin Kanani Chung


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-31-18


Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-11098


Ruth M Zapeta Vargas


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-31-18


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ruth M Zapeta Vargas Represented By

R Grace Rodriguez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-27244


Aleck Evan Syms


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17


Stipulation to continue hearing filed 3/20/18


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Aleck Evan Syms Represented By

Richard A Brownstein

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24621


Norberto Diaz, Jr.


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-31-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Norberto Diaz Jr. Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24263


Byron H. Knight and Lakesha M. Knight


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-23584


Kimberly LaTreese Dunham


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kimberly LaTreese Dunham Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-19648


Nellie Jefferson


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nellie Jefferson Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-18978


Kathleen Elizabeth Watkins


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kathleen Elizabeth Watkins Represented By

Chantal J Van Ongevalle

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-25043


Dorris Richard White, Jr


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 12-13-17; 2-14-18


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dorris Richard White Jr Represented By Christopher J Langley

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-15472


Kevin James Fiege and Caroline Ancheta Fiege


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-49245


Onofre Anguiano, Jr. and Maria J Anguiano


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-22844


Jesus Roberto Mendoza


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 9-20-17; 11-15-17; 1-31-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Roberto Mendoza Represented By Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26782


Alma Lileana Polanco


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-15-17; 1-31-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-25632


Elliott Van Buren Thomas and Barbara Jo Thomas


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 9-20-17; 11-15-17; 1-31-18


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-32309


Alvaro Trujillo


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 9-20-17; 11-15-17; 1-31-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alvaro Trujillo Represented By Shakeal Masoud

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-23603


Gene Raymond Barnes and Elva Barnes


Chapter 13


#27.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-7-17, 8-2-17; 9-6-17; 10-11-17; 11-15-17; 1-31-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-21729


Robert M Gonzales, Sr


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17; 11-15-17; 1-31-18


Docket 88

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/26/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert M Gonzales Sr Pro Se

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:13-10118


William Rene Sosa and Adriana G. Sosa


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to

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

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/26/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:12-34321


Vincent E Aniwanou


Chapter 13


#30.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18


Docket 100


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vincent E Aniwanou Represented By Philomena N Nzegge

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-48021


John Quemada and Beatrez Ybarra Quemada


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18


Docket 87


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Quemada Pro Se

Joint Debtor(s):

Beatrez Ybarra Quemada Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-25592


Frank Junior Flores and Maria Igros Flores


Chapter 13


#32.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-15-17,1-31-18


Docket 45

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2-21-18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:14-16019


Daniel R. Castro


Chapter 13


#33.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 7-12-17; 8-23-17; 9-20-17; 11-15-17; 1-31-18


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel R. Castro Represented By Cynthia Grande

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-12504


Sherry L Dana


Chapter 13


#34.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sherry L Dana Represented By Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:16-25150


Angel Julian Suarez


Chapter 13


#35.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 37

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Angel Julian Suarez Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-12029


Ramon Larios Rojas


Chapter 13


#36.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18


Docket 46

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramon Larios Rojas Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26325


Grady J Dagnan, Jr. and Karen L Dagnan


Chapter 13


#37.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision.


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-24965


Pamela Sue Close


Chapter 13


#38.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pamela Sue Close Represented By Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-12701


Eric Conrad Stutts


Chapter 13


#39.00 Trustee's Motion to Dismiss Case Due to the expiration of the plan term


Docket 50

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/22/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric Conrad Stutts Represented By Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-19710


Jesus R Valdez


Chapter 13


#40.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 114


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus R Valdez Represented By Michael Poole

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-11942


Juan Manuel Quiroz


Chapter 13


#41.00 Trustee's Motion to Dismiss Case Due to expiration of the plan terms


Docket 44

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/22/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Juan Manuel Quiroz Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-17538


Steven D Owens


Chapter 13


#42.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven D Owens Represented By John K Rounds

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24894


Guadelupe Avila


Chapter 13


#43.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guadelupe Avila Represented By Donald E Iwuchuku

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20268


Charles Alan Lund, Jr.


Chapter 13


#44.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Alan Lund Jr. Represented By Andy C Warshaw

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20048


Carolyn Denise Echols


Chapter 13


#45.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carolyn Denise Echols Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-15951


James Harold Finch and Ruth Marie Freedman-Finch


Chapter 13


#46.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-27295


Amelia Cruz Lengson


Chapter 13


#47.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amelia Cruz Lengson Represented By Peter L Nisson

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26984


Edwina Harris


Chapter 13


#48.00 Trustee's Motion to Dismiss Case Due to a Material Default


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edwina Harris Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#49.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-21075


Benjie L Knox


Chapter 13


#50.00 Trustee's Motion to Dismiss or Convert Chapter 13 Case Due to a Material Default


fr. 9-6-17, 11-15-17; 1-31-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Benjie L Knox Represented By Sunita N Sood

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10882


Roberto Garcia and Lilia Arechiga Garcia


Chapter 13


#51.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 11-15-17; 1-31-18


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-20690


Gina Maria Dapremont


Chapter 13


#52.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gina Maria Dapremont Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-25255


John Kavanaugh


Chapter 13


#53.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 11-15-17; 1-31-18


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Kavanaugh Represented By Claudia L Phillips

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-14148


Josephine Hermilia Saldana


Chapter 13


#54.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 1-31-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Josephine Hermilia Saldana Represented By Heather J Canning Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-21806


Angela Michelle Brown Clinton


Chapter 13


#55.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 1-31-18


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23604


Billy Gene Jones


Chapter 13


#56.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 1-31-18


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Billy Gene Jones Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-12933


JOSE TREJO


Chapter 13


#57.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

JOSE TREJO Represented By Lauren Rode

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-28659


MARIA LUISA QUINONES


Chapter 13


#58.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 102


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

MARIA LUISA QUINONES Represented By Ruben Fuentes

Ruben Fuentes (Pro Bono)

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-19388


Delfino Barragan and Maria Guadalupe Barragan


Chapter 13


#59.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-18187


Ricardo Guerra


Chapter 13


#60.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ricardo Guerra Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-18237


Cicero Clemente De Albuquerque


Chapter 13


#61.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cicero Clemente De Albuquerque Represented By

Michael D Luppi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10537


Edward D Fontes, Jr. and Diana M Fontes


Chapter 13


#62.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-12153


Shane David Roberts and Michelle Lee Roberts


Chapter 13


#63.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-17484


Lisa Virgene McGeo


Chapter 13


#64.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 42


Tentative Ruling:

Party Information

Debtor(s):

Mona Lisa McClure Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#76.00 Motion RE: Objection to Claim Number 4 by Claimant JP Morgan Chase Bank, National Association


fr 2-14-18


Stipulation to continue hearing filed 3/26/18


Docket 39


Tentative Ruling:

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.

Party Information

Debtor(s):

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21003


Saul Alvarado and Alicia Alvarado


Chapter 13


#77.00 Motion Disallowing Claim #1 of Internal Revenue Service


Docket 29


Tentative Ruling:

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.

Party Information

Debtor(s):

Saul Alvarado Represented By

Rene Lopez De Arenosa Jr

1:30 PM

CONT...


Saul Alvarado and Alicia Alvarado


Chapter 13

Joint Debtor(s):

Alicia Alvarado Represented By

Rene Lopez De Arenosa Jr

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24895


Mirna A Cabrera


Chapter 13


#78.00 Motion to avoid junior lien on principal residence with Citimortgage Inc


Docket 16


Tentative Ruling:

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

CONT...


Mirna A Cabrera


Chapter 13

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.

Party Information

Debtor(s):

Mirna A Cabrera Represented By Andrew P Altholz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24060


Robert Russel, Jr.


Chapter 13


#79.00 Motion to avoid junior lien on principal residence with HomeComings Financial Services by Specialized Loan Servicing.


Docket 23

*** VACATED *** REASON: O/E 3-20-18 CONTINUED TO 5-30-18 @ 1:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Robert Russel Jr. Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24060

Robert Russel, Jr.

Chapter 13

#80.00 Motion to avoid junior lien on principal residence with The Macedo Family Trust

Stipulation to continue hearing filed 3/26/18

Docket 25


Tentative Ruling:

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.

Party Information

Debtor(s):

Robert Russel Jr. Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11976


William Osmeo Godoy and Veronica Godoy


Chapter 13


#81.00 Motion to avoid junior lien on principal residence with RTED America, LLC


fr. 11-1-17, 1-10-18; 1-31-18


Stipulation on Motion filed 3/21/18


Docket 43


Tentative Ruling:

None.

Party Information

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

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#82.00 Motion to avoid junior lien on principal residence with Wells Fargo Bank


fr 1-31-18


Docket 60


Tentative Ruling:

None.

Party Information

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

2:14-20620


Jorge Gomez and Lorenza Gomez


Chapter 13


#83.00 EVIDENTIARY HEARING RE Motion to Avoid

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


Tentative Ruling:

None.

Party Information

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

2:18-11964


360 TWENTY FOUR 7


Chapter 11


#1.00 Order to Appear and Show Cause re: Dismissal


Docket 14

Tentative Ruling:

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.

Party Information

Debtor(s):

360 TWENTY FOUR 7 Represented By Wayne W Suojanen

10:00 AM

2:18-11835

Old Firehouse of Pomona, LLC

Chapter 11


#2.00 Motion for relief from stay [RP]


MARK ADAMS, PREPETITION STATE COURT RECEIVER AND CREDITOR

VS DEBTOR


Docket 12

*** VACATED *** REASON: O/E 3-20-18 CONTINUED TO 4/3/18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#3.00 Motion extending plan and disclosure statement filing deadline to May 8, 2018


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


Tentative Ruling:

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

CONT...


Debtor(s):


Point.360, a California Corporation

Party Information


Chapter 11

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#4.00 Motion for sanctions under rule 9011 and the court's inherent powers


Docket 959

Tentative Ruling:

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.

Party Information

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

2:13-24363


Even St. Productions Ltd.


Chapter 11


#5.00 Motion Extending Asset Disposition Deadline Pursuant To Confirmed Plan Of Reorganization


Docket 961


Tentative Ruling:

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.

Party Information

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

2:16-15447


Pacific 9 Transportation, Inc.

Telephonic Hearing


Chapter 11

#6.00 Motion For Final Decree and Order Closing Case


fr. 3-1-18


Telephone Appearances:


Vanessa Haberbush Debtor, Pacific Transportation

Daniel McGuire Creditor, 21900 Alameda St.


Docket 594


Tentative Ruling:

None.

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#7.00 Motion to Approve Compromise Under Rule 9019 Regarding 21900 Alameda Street, LLC's

Motion for Allowance and Payment of Administrative Expense Claim


Telephone Appearances:


Vanessa Haberbush Debtor, Pacific Transportation

Daniel McGuire Creditor, 21900 Alameda St.


Docket 609


Tentative Ruling:

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:

  1. 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

    CONT...


    Pacific 9 Transportation, Inc.


    Chapter 11

    amount of $66,771.72.


    The parties arrived at the Settlement figure as follows:


    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:


    1. The probability of success in the litigation;


    2. The difficulties, if any, to be encountered in the matter of collection;

      10:00 AM

      CONT...


      Pacific 9 Transportation, Inc.

    3. The complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; and


    4. The paramount interest of the creditors and a proper deference to their reasonable views in the premises.


      Chapter 11


      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.

      Party Information

      Debtor(s):

      Pacific 9 Transportation, Inc. Represented By

      Vanessa M Haberbush Lane K Bogard

      David R Haberbush

      10:00 AM

      2:17-14484


      RPM Harbor Services, Inc.


      Chapter 11


      #8.00 Application to Employ Skapik Law Group as Special Corporate Counsel And Request for Approval of a Post-Petition Retainer


      Telephone Appearances:


      Vanessa Haberbush Debtor, RPM Harbor Services Geralyn L. Skapik


      Docket 201


      Tentative Ruling:

      None.

      Party Information

      Debtor(s):

      RPM Harbor Services, Inc. Represented By

      Vanessa M Haberbush Lane K Bogard

      David R Haberbush

      10:00 AM

      2:12-45293


      Philip L. Marchiondo


      Chapter 11


      #9.00 Application for Compensation for Ian Landsberg, Debtor's Attorney, Period: 10/19/2012 to 2/15/2018, Fee: $97,163.50, Expenses: $5,843.34.


      Docket 193


      Tentative Ruling:

      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.

      Party Information

      Debtor(s):

      Philip L. Marchiondo Represented By Ian Landsberg

      10:00 AM

      2:12-45293


      Philip L. Marchiondo


      Chapter 11


      #10.00 Post Confirmation Status Conference


      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


      Tentative Ruling:

      None.

      Party Information

      Debtor(s):

      Philip L. Marchiondo Represented By Ian Landsberg

      Movant(s):

      Philip L. Marchiondo Represented By Ian Landsberg

      10:00 AM

      2:15-17693


      Mark Allen Harris


      Telephonic Hearing


      Chapter 11

      #11.00 Chapter 11 Post Confirmation Status Conference fr 3-1-18

      Peter Lively to appear by telephone


      Docket 114


      Tentative Ruling:

      None.

      Party Information

      Debtor(s):

      Mark Allen Harris Represented By Peter M Lively

      10:00 AM

      2:17-10870


      Cedric Leonardi


      Telephonic Hearing


      Chapter 11

      #12.00 Scheduling and Case Management Conference in a Chapter 11 Case


      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


      Tentative Ruling:

      None.

      Party Information

      Debtor(s):

      Cedric Leonardi Represented By Leslie A Cohen

      2:00 PM

      2:17-16110


      Carlos E Barcenas


      Chapter 7


      #1.00 Order to Appear and Show Cause re dismissal


      Docket 20

      Tentative Ruling:

      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.

      Party Information

      Carlos E Barcenas Pro Se

      Trustee(s):

      David M Goodrich (TR) Pro Se

      2:00 PM

      2:17-25106


      William Anderson and Gloria Bell Anderson


      Chapter 7


      #1.10 Order to Appear and Show Cause re dismissal


      Docket 17


      Tentative Ruling:

      None.

      Party Information

      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

      2:17-25690


      Silvestre Bautista


      Chapter 7


      #1.20 Order to Appear and Show Cause re dismissal


      Docket 33

      *** VACATED *** REASON: CASE DISMISSED 3-13-18

      Tentative Ruling:

      Order to Appear and Show Cause re dismissal

      Party Information

      Debtor(s):

      Silvestre Bautista Pro Se

      Trustee(s):

      Peter J Mastan (TR) Pro Se

      2:00 PM

      2:17-11437


      Hong Sik Park and Jong Hee Park


      Chapter 7


      #2.00 Order to Show Cause Why Creditor "REV 973, LLC" Should Not be Held in Contempt of Court, and for Damages and Attorney's Fees, for Intentionally Violating the Automatic Stay and the Discharge Injunction


      Docket 28


      Tentative Ruling:

      None.

      Party Information

      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

      2:17-19596


      Salvador Raul Ortiz and Linh My Ortiz


      Chapter 7


      #3.00 Trustee's Final Report and Applications for Compensation


      JASON RUND (TR)


      Docket 38


      Tentative Ruling:

      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

      CONT...


      Salvador Raul Ortiz and Linh My Ortiz


      Chapter 7

      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.

      Party Information

      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

      2:15-16511


      Ambra Bisconti


      Chapter 7


      #4.00 Trustee's Motion for Order Authorizing Trustee to: 1) Direct Commission from Hilton & Hyland that are Payable to Bisconti Estates, LLC to be Sent to the Trustee; 2) Endorse Checks Payble

      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

      *** VACATED *** REASON: O/E 2-20-18 APPROVING SETTLEMENT AGREEMENT

      Tentative Ruling:

      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.

      Party Information

      Debtor(s):

      Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger

      Movant(s):

      Peter J Mastan (TR) Represented By

      2:00 PM

      CONT...


      Trustee(s):


      Ambra Bisconti


      Sharon Z. Weiss


      Chapter 7

      Peter J Mastan (TR) Represented By Sharon Z. Weiss

      2:00 PM

      2:15-21249


      Maria C. Gonzalez


      Chapter 13

      Adv#: 2:15-01560 Windom et al v. Gonzalez


      #5.00 Trial Re Complaint to Determine Nondischargeability of Debt


      [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


      Tentative Ruling:

      The Court will issue its ruling on the trial in this matter

      Party Information

      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

      CONT...

      Trustee(s):


      Maria C. Gonzalez


      Chapter 13

      Nancy K Curry (TR) Pro Se

      2:00 PM

      2:13-29863


      Avenue K1753, LLC


      Chapter 7

      Adv#: 2:16-01291

      Mastan v. Jeffrey Licht & Associates, Inc. et al

      Telephonic Hearing

      #6.00 Trustees Motion for Summary Judgment or in the Alternative, Summary Adjudication of Issues Against Defendant Jeffery Licht


      fr 12-12-17


      Meghann Triplett to appear by telephone


      Docket 52

      Tentative Ruling:

      The Court will issue an oral ruling on the motion for summary judgment.

      Party Information

      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

      CONT...


      Avenue K1753, LLC


      Nina Z Javan Meghann A Triplett


      Chapter 7

      2:00 PM

      2:13-29863


      Avenue K1753, LLC


      Chapter 7

      Adv#: 2:16-01291

      Mastan v. Jeffrey Licht & Associates, Inc. et al

      Telephonic Hearing

      #7.00 Motion For Summary Judgment or Summary Adjudication


      fr 12-12-17


      Meghann Triplett to appear by telephone


      Docket 49


      Tentative Ruling:

      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,

      1. 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

CONT...


Avenue K1753, LLC


Chapter 7

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.


Party Information

2:00 PM

CONT...

Debtor(s):


Avenue K1753, LLC


Chapter 7

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


Monday, April 02, 2018

Hearing Room

1375


2:00 PM

2:17-18700


Palig Saghdejian


Chapter 11


#1.00 Application of Debtor for an Emergency Determination of Motion and Leave of Court and Order Permitting Debtor to sell real property currently in escrow and to

avoid losing the buyer and as such the sale of the property


Docket 53

Party Information

Debtor(s):

Palig Saghdejian Represented By Stephen L Burton Armen Shaghzo

10:00 AM

2:18-11654

Young Hoon Ko

Chapter 13


#1.00 Motion for relief from stay [UD]


BERKSHIRE COMMUNITIES LLC VS

DEBTOR


Docket 16


Tentative Ruling:

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

CONT...


Young Hoon Ko


Chapter 13

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.

Party Information

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

2:16-25793


Cheryl Ann Doggans


Chapter 13


#2.00 Motion for relief from stay [PP]


PERITUS PORTFOLIO SERVICES VS

DEBTOR


Docket 48


Tentative Ruling:

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.

Party Information

Debtor(s):

Cheryl Ann Doggans Represented By Kahlil J McAlpin

10:00 AM

CONT...

Movant(s):


Cheryl Ann Doggans


Chapter 13

Peritus Portfolio Services as servicer Represented By

Jennifer H Wang

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:12-47735


Lilia Velasco


Chapter 13


#3.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 3-6-18

Docket 99


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Lilia Velasco


Chapter 13

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

2:15-25632


Elliott Van Buren Thomas and Barbara Jo Thomas


Chapter 13


#4.00 Motion for relief from stay [RP]


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

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 3/30/18

Tentative Ruling:

Party Information

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

2:17-16960

Maria Dolores Silva

Chapter 13


#5.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr. 2-27-18

Docket 27

*** VACATED *** REASON: O/E 2-28-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-16960

Maria Dolores Silva

Chapter 13


#6.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 27

*** VACATED *** REASON: OFF CALENDAR DUPLICATE OF #5

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-17484


Lisa Virgene McGeo


Chapter 13


#7.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY

VS DEBTOR


fr. 2-13-18


Stipulation for adequate protection to settle lodged 3/6/18


Docket 40


Tentative Ruling:

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.

Party Information

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

2:12-46266


Anthony Estrada and Linda Ann Estrada


Chapter 13


#8.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY VS

DEBTOR


Docket 60


Tentative Ruling:

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.

Party Information

Debtor(s):

Anthony Estrada Represented By Barry E Borowitz Heather J Canning

10:00 AM

CONT...


Anthony Estrada and Linda Ann Estrada


Chapter 13

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

2:15-26984


Edwina Harris


Chapter 13


#9.00 Motion for relief from stay [RP]


SETERUS, INC VS

DEBTOR


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Edwina Harris Represented By Julie J Villalobos

10:00 AM

CONT...

Movant(s):


Edwina Harris


Chapter 13

SETERUS, INC., AS THE Represented By Renee M Parker

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-13097


Monica Meraz


Chapter 13


#10.00 Motion for relief from stay [RP]


HOME POINT FINANCIAL CORPORATION VS

DEBTOR


Docket 45


Tentative Ruling:

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.

Party Information

Debtor(s):

Monica Meraz Represented By William G Cort

10:00 AM

CONT...

Movant(s):


Monica Meraz


Chapter 13

Home Point Financial Corporation Represented By

Caren J Castle

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-15202


Marcus Joseph Veal and Camille Veal


Chapter 13


#11.00 Motion for relief from stay [RP]


PENNYMAC LOAN SERVICES, LLC VS

DEBTOR


Docket 27

*** VACATED *** REASON: O/E 3-30-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-18990


Alejandrina Murillo


Chapter 13


#12.00 Motion for relief from stay [RP] WILMINGTON SAVINGS FUND SOCIETY

VS DEBTOR


Docket 17


Tentative Ruling:

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

CONT...


Debtor(s):


Alejandrina Murillo


Party Information


Chapter 13

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

2:17-25422


Raul Vazquez and Mindy Vazquez


Chapter 13


#13.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 21


Tentative Ruling:

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.

Party Information

Debtor(s):

Raul Vazquez Represented By Joshua L Sternberg

Joint Debtor(s):

Mindy Vazquez Represented By

10:00 AM

CONT...


Movant(s):


Raul Vazquez and Mindy Vazquez


Joshua L Sternberg


Chapter 13

Nationstar Mortgage LLC d/b/a Mr. Represented By

Joseph C Delmotte

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-12328


Juan Carlos Valdes Flores


Chapter 13


#14.00 Motion for relief from stay [RP]


MARIBOR INCOME TRUST VS

DEBTOR


Docket 7

Tentative Ruling:

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.

Party Information

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

2:18-12538


Salvador Vila and Theresa Ann Vila


Chapter 13


#15.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 8


Tentative Ruling:

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

CONT...


Salvador Vila and Theresa Ann Vila


Chapter 13

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.

Party Information

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

2:18-12596


Anthony Michael Foggs


Chapter 13


#16.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 16


Tentative Ruling:

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

CONT...


Anthony Michael Foggs

Movant’s counsel shall upload an appropriate order via the Court’s


Chapter 13

LOU system.


Debtor(s):


Party Information

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

2:18-12666


Joseph A Villagrana


Chapter 13


#17.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Joseph A Villagrana


Chapter 13

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.

Party Information

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

2:17-25658


Yolanda Haro


Chapter 7


#18.00 Motion for relief from stay [UD]


BRADLEY T WEEKS VS

DEBTOR


Docket 18


Tentative Ruling:

None.

Party Information

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

2:18-10263


John Blanco


Chapter 7


#19.00 Motion for relief from stay [UD]


DYLAN COOPER PAUTSCH MEYERS LLC VS

DEBTOR


Docket 24


Tentative Ruling:

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.


Party Information

10:00 AM

CONT...

Debtor(s):


John Blanco


Chapter 7

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

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#20.00 Motion for relief from stay [RP]


NICHOLAS J SIPPL AND LINDA HART

VS DEBTOR


Docket 101


Tentative Ruling:

None.

Party Information

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

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#21.00 Motion for relief from stay [RP]


MARK ADAMS, PREPETITION STATE COURT RECEIVER AND CREDITOR

VS DEBTOR


fr 3-29-18


Docket 12


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:16-11748


Kenneth P. Justak


Chapter 13


#22.00 Motion for relief from stay [PP]


EXETER FINANCE LLC VS

DEBTOR


fr. 1-16-18; 2-13-18; 3-20-18


Docket 50


Tentative Ruling:

None.

Party Information

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

2:17-18459


Eddy J Cruz


Chapter 7

Adv#: 2:17-01511

Acevedo et al v. Cruz

Telephonic Hearing

#1.00 Status Conference re Complaint to determine dischargeability of debt


fr. 1-9-18; 3-6-18


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Eddy J Cruz


Chapter 7

Maria Guadalupe Ramos Represented By David Brian Lally

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:17-10870


Cedric Leonardi


Chapter 11

Adv#: 2:17-01272 Leonardi v. O'Neill


#2.00 Pretrial Conference re Complaint to:

  1. avoid lien

  2. avoid preferential transfer

  3. avoid fraudulent transfer

  4. disallow claim

  5. in the alternative determine validity, extent and priority of lien and;

  6. for injunctive equitable and declaratory relief relating thereto


fr. 7-11-17; 11-28-17; 1-16-18; 2-13-18


Docket 1


Tentative Ruling:

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.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

Defendant(s):

Jennifer O'Neill Pro Se

2:00 PM

CONT...


Cedric Leonardi


Chapter 11

Plaintiff(s):

Cedric Leonardi Represented By Leslie A Cohen

2:00 PM

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#3.00 Motion For Summary Judgment


Docket 415

*** VACATED *** REASON: CONTINUED TO 5/1/18 @ 2:00 P.M.

Tentative Ruling:

This matter is CONTINUED to May 1, 2018 at 2:00 p.m.

Appearances waived.

Party Information

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

CONT...


Zafar David Khan


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#4.00 Motion For Sanctions/Disgorgement Against Plaintiffs for Failure to Comply with Discovery Order


Docket 423

*** VACATED *** REASON: CONTINUED TO 5/1/18 @ 2:00 P.M.

Tentative Ruling:

This matter is CONTINUED to May 1, 2018 at 2:00 p.m.

Appearances waived.

Party Information

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

CONT...


Zafar David Khan


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#5.00 Plaintiffs' Motion to Compel Further Discovery Responses and Production of Documents from Defendant RMail Limited


Docket 350

*** VACATED *** REASON: CONTINUED TO 5/1/18 @ 2:00 P.M.

Tentative Ruling:

This matter is CONTINUED to May 1, 2018 at 2:00 p.m.

Appearances waived.

Party Information

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

CONT...


Zafar David Khan


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#6.00 Status Conference re Shareholder Derivative Complaint:

  1. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(4))

  2. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(6))

  3. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(2))

  4. 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

*** VACATED *** REASON: CONTINUED TO 5/1/18 @ 2:00 P.M.

Tentative Ruling:

This matter is CONTINUED to May 1, 2018 at 2:00 p.m.

Appearances waived.

Party Information

2:00 PM

CONT...

Debtor(s):


Zafar David Khan


Chapter 7

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

CONT...


Zafar David Khan


Paul R Shankman Brian Barouir Yeretzian Michael J. Weiland


Chapter 7

10:00 AM

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 1-18-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:15-17693


Mark Allen Harris


Chapter 11


#2.00 U.S. Trustee Motion Under 11 U.S.C. 1112(b)(1)

to Convert, Dismiss or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 120


Tentative Ruling:

None.

Party Information

Debtor(s):

Mark Allen Harris Represented By Peter M Lively

10:00 AM

2:15-17693


Mark Allen Harris


Chapter 11


#3.00 The United States' Motion to Dismiss


Filed by Najah J Shariff


Docket 124


Tentative Ruling:

None.

Party Information

Debtor(s):

Mark Allen Harris Represented By Peter M Lively

10:00 AM

2:15-17693


Mark Allen Harris


Chapter 11


#3.10 Chapter 11 Post Confirmation Status Conference fr 3-1-18; 3-29-18


Docket 114


Tentative Ruling:

None.

Party Information

Debtor(s):

Mark Allen Harris Represented By Peter M Lively

10:00 AM

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#4.00 U.S. Trustee Motion to Convert, Dismiss or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees


Docket 13


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:18-11964


360 TWENTY FOUR 7


Chapter 11


#5.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 13

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/2/18

Tentative Ruling:

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.

Party Information

Debtor(s):

360 TWENTY FOUR 7 Represented By Wayne W Suojanen

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#6.00 Application for Compensation for Giovanni Orantes, Debtor's Attorney


Docket 335


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#7.00 Motion for approval of chapter 11 disclosure statement


Docket 56


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

Movant(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#8.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 11-9-17, 3-8-18


Docket 11


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

2:00 PM

2:13-19712


Terrance Alexander Tomkow

Telephonic Hearing


Chapter 7

#1.00 Motion to Dismiss Chapter 7 Case Conditioned Upon Payment in Full of All Allowed Administrative Expenses and Liquidated Unsecured Claims


fr. 3-8-18


Docket 267


Tentative Ruling:

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.

Party Information

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

2:13-19712


Terrance Alexander Tomkow


Chapter 7


#2.00 First and Final Application for Allowance and Payment of Fees and Reimbursement of Expenses of Lobel Weiland Golden Friedman LLP, Special Counsel for the Trustee


fr. 3-8-18


Docket 273


Tentative Ruling:

None.

Party Information

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

2:13-19712


Terrance Alexander Tomkow

Telephonic Hearing


Chapter 7

#3.00 Application for Compensation for Timothy Yoo (TR),

Trustee Chapter 7


fr. 3-8-18


Docket 271


Tentative Ruling:

None.

Party Information

Debtor(s):

Terrance Alexander Tomkow Represented By Lewis R Landau

Trustee(s):

Timothy Yoo (TR) Represented By Carmela Pagay

2:00 PM

2:13-19713


Zafar David Khan


Telephonic Hearing


Chapter 7

#4.00 Motion to Dismiss Chapter 7 Case Conditioned Upon Payment in Full of All Allowed Administrative Expenses and Liquidated Unsecured Claims


fr. 3-8-18


Docket 395


Tentative Ruling:

None.


Tentative Ruling of 3/8/18:



Debtor(s):

See tentative for matter No. 2.

Party Information

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

2:13-19713


Zafar David Khan


Telephonic Hearing


Chapter 7

#5.00 First and Final Application for Allowance and Payment of Fees and Reimbursement of Expenses of Lobel Weiland Golden Friedman LLP, Special Counsel for the Trustee


fr. 3-8-18


Docket 404


Tentative Ruling:

None.

Party Information

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

2:13-19713


Zafar David Khan


Telephonic Hearing


Chapter 7

#6.00 Application for Compensation of Final Fees and Expenses, for Rosendo Gonzalez (TR),


fr. 3-8-18


Docket 402


Tentative Ruling:

None.

Party Information

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

2:17-13634


Baldwin Park Congregate Home, Inc.

Telephonic Hearing


Chapter 11

#1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


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

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#2.00 First Amended Disclosure Statement describing Chapter 11 Plan of Reorganization

fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18

Docket 148

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#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

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#3.00 Motion for Order Authorizing Use of Cash Collateral


fr. 11-16-17,12-7-17; 2-15-18; 3-5-18


Docket 211

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#4.00 Motion To Estimate Claim (Claim No. 9) fr 2-15-18; 3-5-18

Docket 289

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#5.00 Motion to Disallow Claims Martinson fr 3-5-18

Docket 321

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#6.00 Motion To Estimate Claim (Claim No. 14) fr 2-15-18; 3-5-18

Docket 290

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#7.00 Motion to Disallow Claims (Salceda) fr 3-5-18

Docket 320

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#8.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]

FR 12-14-17; 2-1-18; 2-15-18; 3-5-18

Docket 210

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#9.00 Motion To Estimate Claim (Claim No. 13)

West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18

Docket 291

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11


#10.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18

3-5-18


Docket 101

*** VACATED *** REASON: TO BE HEARD AT 11:00 A.M. TODAY

Tentative Ruling:

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Telephonic Hearing

Chapter 11

#1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#2.00 First Amended Disclosure Statement describing Chapter 11 Plan of Reorganization


fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18


Docket 148


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#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


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#4.00 Motion for Order Authorizing Use of Cash Collateral


fr. 11-16-17,12-7-17; 2-15-18; 3-5-18


Docket 211


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#5.00 Motion To Estimate Claim (Claim No. 9) fr 2-15-18; 3-5-18

Docket 289


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#6.00 Motion to Disallow Claims Martinson fr 3-5-18

Docket 321


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#7.00 Motion To Estimate Claim (Claim No. 14) fr 2-15-18; 3-5-18

Docket 290


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#8.00 Motion to Disallow Claims (Salceda) fr 3-5-18

Docket 320


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#9.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]


FR 12-14-17; 2-1-18; 2-15-18; 3-5-18


Docket 210


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#10.00 Motion To Estimate Claim (Claim No. 13)

West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18

Docket 291


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#11.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18

3-5-18


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:16-22074


Antonio Gonzales


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [RP]


THE RAMA FUND, LLC VS

DEBTOR


Martin Phillips to appear by telephone


Docket 35


Tentative Ruling:

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.

Party Information

Debtor(s):

Antonio Gonzales Represented By Stephen S Smyth

10:00 AM

CONT...


Movant(s):


Antonio Gonzales


William J Smyth


Chapter 13

The Rama Fund, LLC Represented By Martin W. Phillips

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24881


Maria Johnston


Chapter 13


#2.00 Motion for relief from stay [PP]


WESTLAKE FINANCIAL SERVICES VS

DEBTOR


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Maria Johnston Represented By Mariano A Alvarez

10:00 AM

CONT...

Movant(s):


Maria Johnston


Chapter 13

Westlake Financial Services Represented By Jamie D Hanawalt

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:14-16469


J. Craig Fostrey


Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:15-17279


Billy A. Garcia, Jr. and Katheryn Garcia

Telephonic Hearing


Chapter 13

#4.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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.

Party Information

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

CONT...

Movant(s):


Billy A. Garcia, Jr. and Katheryn Garcia


Chapter 13

Nationstar Mortgage LLC as Represented By Merdaud Jafarnia

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-24212


Agatha Oh


Chapter 13


#5.00 Motion for relief from stay [RP]


WELLS FARGO BANK VS

DEBTOR fr 3-20-18

Docket 47


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Agatha Oh


Chapter 13

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

2:17-20336


Samantha Sanders


Chapter 13


#6.00 Motion for relief from stay [RP]


NEAL AND SALLY COHEN VS

DEBTOR fr 3-20-18

Docket 29

*** VACATED *** REASON: CASE DISMISSED 3/26/18

Tentative Ruling:

Party Information

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

2:17-21137


Salvador Montiel


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr. 3-6-18

Dane Exnowski to appear by telephone


Docket 29

*** VACATED *** REASON: O/E 3-26-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:13-29646

Ricardo Perales, Jr. and Patricia Bethel

Chapter 13


#8.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 54


Tentative Ruling:

None.

Party Information

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

2:15-15662


Richard Preciado and Alma Jezabel Preciado

Telephonic Hearing


Chapter 13

#9.00 Motion for relief from stay [RP]


PINGORA LOAN SERVICING, LLC VS

DEBTOR


Alexander G Meissner to appear by telephone


Docket 51


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Richard Preciado and Alma Jezabel Preciado


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-18122


Betsy Yun-Yuan Wang


Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Erin McCartney to appear by telephone


Docket 39


Tentative Ruling:

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.

Party Information

Debtor(s):

Betsy Yun-Yuan Wang Represented By Paul Horn

10:00 AM

CONT...

Movant(s):


Betsy Yun-Yuan Wang


Chapter 13

The Bank Of New York Mellon FKA Represented By

Erin M McCartney

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-20474


Antonio Estrada and Eva Angelica Estrada

Telephonic Hearing


Chapter 13

#11.00 Motion for relief from stay [PP]


WHEELS FINANCIAL GROUP VS

DEBTOR


Sheryl D Noel to appear by telephone


Docket 36


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Antonio Estrada and Eva Angelica Estrada


Chapter 13

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

2:17-21606


Shawn Dean Sheppard


Telephonic Hearing


Chapter 13

#12.00 Motion for relief from stay [RP]


WESCOM CREDIT UNION VS

DEBTOR


Karel Rocha to appear by telephone


Docket 34


Tentative Ruling:

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

CONT...


Shawn Dean Sheppard


Chapter 13

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.

Party Information

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

2:18-11977


Julio-Cesar Flores Flores


Chapter 13


#13.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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

CONT...


Julio-Cesar Flores Flores


Chapter 13

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Julio-Cesar Flores Flores


Chapter 13

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

2:18-11977


Julio-Cesar Flores Flores


Chapter 13


#14.00 Motion for relief from stay [RP]


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


Tentative Ruling:

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

CONT...


Julio-Cesar Flores Flores


Chapter 13

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.

Party Information

Julio-Cesar Flores Flores Pro Se

10:00 AM

CONT...

Movant(s):


Julio-Cesar Flores Flores


Chapter 13

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

2:18-12686


Deborah Plummer


Chapter 13


#15.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 11


Tentative Ruling:

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

CONT...


Deborah Plummer


Chapter 13

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.

Party Information

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

2:18-13120


Lucia Lozano Hartford


Chapter 13


#16.00 Motion for relief from stay [UD]


BRECKENRIDGE PROPERTY FUND 2016 LLC VS

DEBTOR


Docket 8


Tentative Ruling:

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

CONT...


Lucia Lozano Hartford


Chapter 13

"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.

Party Information

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

2:18-11592


Wajida Alhambra


Telephonic Hearing


Chapter 11

#17.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 16


Tentative Ruling:

None.

Party Information

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

2:18-12586


Artemus Digdigan Mayor

Telephonic Hearing


Chapter 13

#18.00 Motion for relief from stay [UD]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Case dismissed 3/28/18


Diane Weifenbach to appear by telephone


Docket 9

Tentative Ruling:

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.

Party Information

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

2:16-23851


Lisa Marie Battiest


Telephonic Hearing


Chapter 13

#19.00 Motion for relief from stay [RP]


CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS

DEBTOR fr. 3-27-17

Reilly Wilkinson to appear by telephone


Docket 35


Tentative Ruling:

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

CONT...


Debtor(s):


Lisa Marie Battiest


Party Information


Chapter 13

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

2:17-15112


Devin R. Dyson


Chapter 7

Adv#: 2:17-01383 AFC CAL, LLC v. Dyson


#1.00 Pretrial Conference re Complaint to determine dischargeability of debt


fr. 10-10-17; 11-28-17


Docket 1

*** VACATED *** REASON: O/E 3-30-18 CONTINUED TO 5-22-18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

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

CONT...


Devin R. Dyson


Chapter 7

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:12-25620


Oscar Eduardo Carmona and Evey Ibeth Carmona

Telephonic Hearing


Chapter 13

#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18


Raffi Khatchadourian to appear by telephone


Docket 166


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-33373


Mark Logan and Patricia Logan


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-10-18; 2-28-18


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-11376


Paul Trevino


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 9-20-17; 11-15-17; 2-14-18


Docket 55

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/6/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Trevino Represented By

Daniela P Romero

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21897


Maria Isabel Ochoa


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17

fr 2-14-18


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Isabel Ochoa Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 2-14-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26046


Rafael Godinez Ramirez and Evangelina Ramirez


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments

fr, 12-13-17

fr 2-14-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-11002


Ignacio Calderon and Guadalupe Calderon


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 12-13-17; 2-28-18


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-25043


Dorris Richard White, Jr


Chapter 13


#7.10 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 12-13-17; 2-14-18; 3-28-18


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dorris Richard White Jr Represented By Christopher J Langley

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-30435


Gerald Lynn Warren and Robin Lillian Warren


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 146


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-38576


Salvador Pizano


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 139


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Salvador Pizano Represented By Caroline S Kim

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-26778


Yeng Song and Mai Lee Song


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-16324


Janice Dean Lewis


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Janice Dean Lewis Represented By Todd J Roberts

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20912


David Alexander Sanchez


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Alexander Sanchez Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20935


John Michael Opferman and Katherine Lucille Opferman


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-17179


Anthony Ginnane


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony Ginnane Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19581


Teresita Requillas Orcini


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Teresita Requillas Orcini Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20956


Bonnie Malone


Chapter 13


#15.10 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bonnie Malone Represented By Steven A Wolvek

Trustee(s):

Nancy K Curry (TR) Represented By Steven A Wolvek

1:30 PM

2:13-30364


Ronny Hall and Theresa R Hall


Chapter 13


#15.20 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 124

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/3/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-16215


Lilia Nuno


Telephonic Hearing


Chapter 11

#16.00 Motion For Relief From The March 3, 2017 Order Granting In Rem Relief To Wells Fargo Bank, N.A.


fr. 3-7-18


Dane Exnowski to appear by telephone


Docket 92


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

1:30 PM

2:17-14764


Geunhyung Song and Heeryoung Song


Chapter 13


#17.00 Motion to modify plan or suspend plan payments


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-17983


Rosalyn V Davis


Chapter 13


#18.00 Trustee's Notice of Intent to pay claims


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rosalyn V Davis Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11654


Young Hoon Ko


Chapter 13


#19.00 Order to Appear and Show Cause re dismissal


Docket 20

*** VACATED *** REASON: CASE DISMISSED 3/28/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Young Hoon Ko Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#19.10 Motion RE: Objection to Claim Number 4 by Claimant JP Morgan Chase Bank, National Association


fr 2-14-18; 3-28-18


Docket 39


Tentative Ruling:

None.

Party Information

Debtor(s):

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21903


Sonya Jo Thompson


Chapter 13


#20.00 Motion RE: Objection to Claim Number 5 by Claimant CACH, LLC


Docket 26


Tentative Ruling:

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.

Party Information

Debtor(s):

Sonya Jo Thompson Represented By Brad Weil

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22804


Mario G. Cardona


Chapter 13


#21.00 Objection to Claim #5 by Claimant Creditor Daniel Garza. in the amount of $ $842,000


Docket 44

*** VACATED *** REASON: O/E 3-23-18 CONTINUED TO 5/16/18 @ 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:15-21249


Maria C. Gonzalez


Chapter 13


#22.00 Motion to Disallow Claims of Elmer Sandoval [Claim No. 4]


Docket 55


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#23.00 Motion to Disallow Claims of Inma R. Figueroa [Proof of Claim No. 7]


Docket 56


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#24.00 Motion to Disallow Claims of Carlos Gama [Proof of Claim No. 6]


Docket 57


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#25.00 Motion to Disallow Claims of Nora Zelaya [Proof of Claim No. 5]


Docket 58


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#25.10 Motion to Dismiss Case with Bar


Docket 66


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 3-7-18


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19555


Ruben N Rivera


Chapter 13


#27.00 Motion to avoid junior lien on principal residence with Anson Street, LLC c/o Shellpoint Mortgage Servicing


Docket 24


Tentative Ruling:

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

CONT...


Ruben N Rivera


Chapter 13


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.


Party Information

Debtor(s):

Ruben N Rivera Represented By Rebecca Tomilowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-19068


Miguel Ibarra


Chapter 7


#1.00 Motion for fine and/or disgorgement of fees against bankruptcy petition preparer Javier Morales and Si Es Legal


fr. 3-8-18


Docket 14


Tentative Ruling:

None.

Party Information

Debtor(s):

Miguel Ibarra Represented By Dana M Douglas

Trustee(s):

Carolyn A Dye (TR) Pro Se

10:00 AM

2:17-18700


Palig Saghdejian


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 10-5-17; 11-9-17, 3-8-18


Docket 19

Tentative Ruling:

None.

Party Information

Debtor(s):

Palig Saghdejian Represented By Stephen L Burton

10:00 AM

2:17-23986

R & S Antiques, Inc.

Telephonic Hearing

Chapter 11

#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-18; 3-1-17


Victor A Sahn to appear by telephone


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle J Lindsey

W. Sloan Youkstetter

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#5.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 11


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:18-11835


Old Firehouse of Pomona, LLC

Telephonic Hearing


Chapter 11

#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


Andrew Adams to appear by telephone


Docket 4


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:16-14302


N. L. Abrolat, Inc.


Telephonic Hearing


Chapter 11

#7.00 Post Confirmation Status Conference fr. 8-3-17, 12-14-17

Docket 1


Tentative Ruling:

None.

Party Information

Debtor(s):

N. L. Abrolat, Inc. Represented By Alan W Forsley

Marc A Lieberman

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#8.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 2-15-18


Docket 108


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#9.00 Confirmation of Debtor's First Amended Plan of Reorganization


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#10.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 79


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#11.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr 9-7-17; 10-5-17, 1-18-18


Docket 20


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#12.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 11-16-17, 1-18-18; fr 3-8-18 (10:00 Calendar), 3-8-18


Docket 75


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

United States Trustee (LA) Represented By Alvin Mar

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#13.00 Disclosure Statement Describing Plan of Reorganization


Docket 96


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#15.00 Motion for Setting Property Value


fr. 11-09-17, 12-14-17, 1-18-18, 2-15-18; 3-1-18


Docket 59

*** VACATED *** REASON: O/E 3-23-18 RESOLVING MOTION

Tentative Ruling:

None.


Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#16.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18; 3-1-18


Docket 22


Tentative Ruling:

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.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:16-15447


Pacific 9 Transportation, Inc.


Chapter 11


#17.00 Post Confirmation Status Conference Hearing


*set from 12-14-17 Hrg


Docket 0

*** VACATED *** REASON: O/E 3-30-18 GRANTING FINAL DECREE

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pacific 9 Transportation, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:16-25106


Hector Ocegueda


Chapter 11


#18.00 Fourth Amended Disclosure Statement


fr. 5-11-17, 7-13-17; 9-25-17; 10-12-17,

11-27-17, 12-14-17, 2-15-17


Docket 70

Tentative Ruling:

None.

Party Information

Debtor(s):

Hector Ocegueda Represented By

M Jonathan Hayes

Movant(s):

Hector Ocegueda Represented By

M Jonathan Hayes

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#19.00 Motion to Intervene


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Anthony J Napolitano


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#20.00 Status Conference re Removal of Action


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

Tentative Ruling:

None.


Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:14-21070


Holy Hill Community Church

Telephonic Hearing


Chapter 11

#21.00 Post Confirmation Status Conference


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


Tentative Ruling:

None.

Party Information

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

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#22.00 Motion for Protective Order & Notice by Creditors Jose M. Velasquez, Jose Edgar Velasquez, Anthony Calero Padilla, And William A. Velasquez


FR. 3-7-18; 3-12-18


Docket 241

*** VACATED *** REASON: O/E 3-30-18 CONTINUED TO 5/10/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#23.00 Motion for Order Setting Procedures For Objections to, Estimations of, and/or Determination of, Secured Status of Proofs of Claims


fr. 3-8-18


Docket 162

*** VACATED *** REASON: O/E 3-30-18 CONTINUED TO 5/10/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

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

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#24.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18


Docket 1

*** VACATED *** REASON: O/E 3-30-18 CONTINUED TO 5/10/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#25.00 Motion to Disallow Claims filed by SNP Pharmacy, Inc.


Docket 337


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#26.00 Motion to Disallow Claims filed by Firmco Medical Inc.


Docket 338


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#27.00 Motion to Disallow Claims filed by Anthony Au


Docket 339


Tentative Ruling:

This matter is CONTINUED to May 14, 2018 at 11:00 a.m.

Appearances waived.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#28.00 Motion to Disallow Claims filed by Hung Nguyen


Docket 340


Tentative Ruling:

This matter is CONTINUED to May 14, 2018 at 11:00 a.m.

Appearances waived.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#29.00 Motion to Disallow Claims filed by Cuong Do


Docket 341


Tentative Ruling:

This matter is CONTINUED to May 14, 2018 at 11:00 a.m.

Appearances waived.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-20227


Little Saigon Supermarket, LLC


Chapter 11


#30.00 Motion For Order Approving Non-Material Modification Of Plan And Clarifying Plan Terms


Docket 162


Tentative Ruling:

None.

Party Information

Debtor(s):

Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub

Amelia Puertas-Samara Nina Z Javan

2:00 PM

2:16-18448


George G Washington


Chapter 7


#1.00 Application for Compensation of: Final Fees and/or Expenses


fr 9-14-17, 1-9-18


Docket 144

*** VACATED *** REASON: O/E 3-30-18 CONTINUED TO 7/19/18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

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

2:17-23807


Rosie Esparza


Chapter 13


#2.00 Motion in Individual Case for Order Imposing

a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


Docket 21


Tentative Ruling:

None.

Party Information

Debtor(s):

Rosie Esparza Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-13216


Allyssa Holder


Chapter 13


#1.00 Motion for relief from stay [UD]


R2 LOFTS, LP VS

DEBTOR


Docket 12


Tentative Ruling:

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.

Party Information

Allyssa Holder Pro Se

Movant(s):

R2 Lofts, LP. Represented By

Kevin A Harris

10:00 AM

CONT...

Trustee(s):


Allyssa Holder


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:14-31962


Richard Cassidy and Janis Cassidy


Chapter 13


#2.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK VS

DEBTOR


Docket 41


Tentative Ruling:

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.

Party Information

Debtor(s):

Richard Cassidy Represented By Julie J Villalobos

10:00 AM

CONT...


Richard Cassidy and Janis Cassidy


Chapter 13

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

2:16-20690


Gina Maria Dapremont


Chapter 13


#3.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK VS

DEBTOR


Docket 68


Tentative Ruling:

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.

Party Information

Debtor(s):

Gina Maria Dapremont Represented By Devin Sawdayi

10:00 AM

CONT...

Movant(s):


Gina Maria Dapremont


Chapter 13

JPMORGAN CHASE BANK, N.A. Represented By

Jamie D Hanawalt

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-21243


Miguel Parra


Telephonic Hearing


Chapter 13

#4.00 Motion for relief from stay [PP]


CARMAX BUSINESS SERVICES LLC VS

DEBTOR


Jennifer H. Wang to appear by telephone


Docket 34


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Miguel Parra


Chapter 13

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

2:18-12538


Salvador Vila and Theresa Ann Vila

Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [PP]


ALLY FINANCIAL INC VS

DEBTOR


Adam N. Barasch to appear by telephone


Docket 15


Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Salvador Vila and Theresa Ann Vila


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-19771


Donna Marie Taylor


Telephonic Hearing


Chapter 13

#6.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR fr 3-20-18

Camaray Callier-Henderson to appear by telephone Stipulation filed 4-16-18


Docket 23


Tentative Ruling:

None.

Party Information

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

2:17-20336


Samantha Sanders


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


WOODLAND HILLS MORTGAGE BANKING CORPORATION

VS DEBTOR


fr 3-20-18


Docket 31

*** VACATED *** REASON: CASE DISMISSED 3/26/18

Tentative Ruling:

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

CONT...


Samantha Sanders


Chapter 13

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.

Party Information

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

2:13-27963


David Jesus Hales


Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 64

*** VACATED *** REASON: O/E 3-30-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-37517


Laszlo Nemeth


Telephonic Hearing


Chapter 13

#9.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Jennifer C. Wong to appear by telephone


Docket 42


Tentative Ruling:

None.

Party Information

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

2:14-17206


Ralph Hernandez and Maria Hernandez

Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 55


Tentative Ruling:

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.

Party Information

Debtor(s):

Ralph Hernandez Represented By Kirk A Laron

10:00 AM

CONT...


Ralph Hernandez and Maria Hernandez


Chapter 13

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

2:14-23106


David Shawn Williams and Lynne Lorraine Williams

Telephonic Hearing


Chapter 13

#11.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 58


Tentative Ruling:

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

CONT...


David Shawn Williams and Lynne Lorraine Williams


Chapter 13

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.

Party Information

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

2:16-20935


John Michael Opferman and Katherine Lucille Opferman

Telephonic Hearing


Chapter 13

#12.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Misty A. Perry-Isaacson to appear by telephone


Docket 31


Tentative Ruling:

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.

Party Information

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

2:17-21971


John Julian Kelly and Monica Lorrain Kelly

Telephonic Hearing


Chapter 13

#13.00 Motion for relief from stay [RP]


DITECH FINANCIAL LLC VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 34


Tentative Ruling:

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.

Party Information

Debtor(s):

John Julian Kelly Represented By Keith F Rouse

10:00 AM

CONT...


John Julian Kelly and Monica Lorrain Kelly


Chapter 13

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

2:18-12979


Donald Fogel and Sandra Lea Fogel


Chapter 13


#14.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 16


Tentative Ruling:

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

CONT...


Donald Fogel and Sandra Lea Fogel


Chapter 13

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.

Party Information

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

2:18-13200


Carlos Silva


Chapter 13


#15.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 8


Tentative Ruling:

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

CONT...


Carlos Silva


Chapter 13

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.

Party Information

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

2:18-12209


D'Shae Pulver


Chapter 7


#16.00 Motion for relief from stay [UD]


LA PARK LA BREA A LLC VS

DEBTOR


Docket 9


Tentative Ruling:

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

CONT...


D'Shae Pulver


Chapter 7

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.

Party Information

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

2:17-22108


Aram Shirikchyan


Chapter 7


#17.00 Motion for relief from stay [PP]


DAIMLER TRUST VS

DEBTOR


Jennifer H. Wang to appear by telephone


Docket 32


Tentative Ruling:

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

CONT...


Aram Shirikchyan


Chapter 7


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.

Party Information

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

2:18-11602


Jose J Chiman-Ibarra


Telephonic Hearing


Chapter 7

#18.00 Motion for relief from stay [PP]


AMERICAN HONDA FINANCE CORPORATION VS

DEBTOR


Vincent V. Frounjian to appear by telephone


Docket 9


Tentative Ruling:

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

CONT...


Jose J Chiman-Ibarra

The 14-day stay of FRBP 4001(a)(3) is ordered waived due to


Chapter 7

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.

Party Information

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

2:17-20396


Washmax Garment Care, Inc

Telephonic Hearing


Chapter 7

#19.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 55


Tentative Ruling:

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

CONT...


Washmax Garment Care, Inc

The 14-day period specified in FRBP 4001(a)(3) is waived. This order


Chapter 7

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.

Party Information

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

2:17-25422


Raul Vazquez and Mindy Vazquez


Chapter 13


#20.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr. 4-3-18

Docket 21

*** VACATED *** REASON: O/E 4/5/18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#1.00 Status Conference re Complaint objecting to discharge


Docket 1


Tentative Ruling:

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.

Party Information

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:11-43292


Alejandro Ponce


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-11-17; 11-15-17; 1-31-18; 2-28-18


Docket 124


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alejandro Ponce Represented By Peter L Lago

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-54975


Angelica D Cooper


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 2-14-18


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angelica D Cooper Represented By Steven P Chang

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-59086


Marietta Soltis Asumbrado


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 2-28-18


Docket 70


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marietta Soltis Asumbrado Represented By Mariano A Alvarez

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:12-18807


Oscar Franco and Sarah Franco


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments.


fr. 4-26-17, 6-28-17, 8-2-17; 9-6-17; 12-13-17

fr 2-28-18


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-43192


Mary Fuller


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17, 12-13-17, 2-14-18


Docket 58

*** VACATED *** REASON: Voluntary Dismissal of Motion filed: 2/20/18 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary Fuller Represented By

Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-46431


Betsaida Sanchez-Young


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 3-7-18


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betsaida Sanchez-Young Represented By Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-18332


Paul Nelson and Linda Nelson

Telephonic Hearing


Chapter 13

#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17;11-15-17; 12-13-17; 1-31-18; 3-28-18


Kristi Wells to appear by telephone


Docket 89


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-39721


Lloyd Lawyer Walker and Clarisa Gutierrez Jaime


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-18-17; 12-13-17; 2-28-18


Docket 112


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-17636


Mario Santana Navarro and Karla Cecilia Lopez


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-1-17, 1-10-18, 3-7-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-18718


Vilma Reginaldo Sakha and Sahat Manafpour Sakha


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-10005


Rafael Torres De La Torre


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rafael Torres De La Torre Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-14689


Doris Mae Tinson


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Doris Mae Tinson Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26782


Alma Lileana Polanco


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 11-15-17; 1-31-18

fr 3-28-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-27994


Rudy Lopez, Sr. and Andrea Lopez


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 10-11-17; 12-13-17

fr 2-28-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-13967


Lorena Maccioni


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments

fr 2-14-18


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lorena Maccioni Represented By

Rabin J Pournazarian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-23814


Inna Dmitriev


Chapter 13


#15.10 Trustee's Motion to Dismiss Case Under 11

U.S.C. §1307(c)


fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18


Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Inna Dmitriev Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-10462


Noranece Monique Roberts-Clemons


Chapter 13


#15.20 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Noranece Monique Roberts- Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-50615


Catalina M Palaganas and Raul G Palaganas


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 70

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/5/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:12-51771


John Darmozadeh and Hilda Darmozadeh


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 59

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/4/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-30854


Jesus Cardenas and Maria Dora Cardenas


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-31590


Edwin Ernesto Lima and Judith Maribel Lima


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-32108


Mara Victoria Baygulova


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mara Victoria Baygulova Represented By Ali R Nader

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-33620


Everil Lynette Nelson


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-23545


Michael Eric Hoggatt and Verna Hoggatt


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-24136


Jason Matsu


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Matsu Represented By

Daren M Schlecter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-27002


Juan Jose Soria Jimenez and Maria Del Carmen Duran


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-11480


Deborah Howlett Anderson


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Deborah Howlett Anderson Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11975


Trina Lanette Ward


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Trina Lanette Ward Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#27.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-19900


Claudia Leyva


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Claudia Leyva Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20474


Antonio Estrada and Eva Angelica Estrada


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-34917


Angela D Walton


Chapter 13


#30.00 Motion to modify plan or suspend plan payments fr 12-13-17; 2-14-18

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-37724


Lynette Marie Baker


Chapter 13


#32.00 Motion to modify plan or suspend plan payments


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lynette Marie Baker Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24769


Ramona Cameille Olmedo


Chapter 13


#33.00 Order to Show Cause why US Bank, N.A. (USB) should not be held in contempt of Court for violation of the Automatic Stay


Docket 0

*** VACATED *** REASON: O/E 3-28-18 CONTINUED TO 5/30/18 @ 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramona Cameille Olmedo Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12268


Sergio Moreno Morales


Chapter 13


#33.10 Motion To Vacate Order on Motion For Relief entered on March 21, 2018


Docket 27


Tentative Ruling:

None.

Party Information

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

2:18-12268


Sergio Moreno Morales


Chapter 13


#34.00 Motion to set aside RE: Auction Sale schedule on 03/22/2018 by Pacific Loanworks, Inc, RJS Financial Inc., Ress Financial Corporation


Docket 29


Tentative Ruling:

None.

Party Information

Debtor(s):

Sergio Moreno Morales Represented By

Leroy Bishop Austin

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19608


Kippy Lynn Miller


Chapter 13


#35.00 Motion to Avoid Lien on Household Goods under Section 522(f)(1)(B)(i)


Docket 32


Tentative Ruling:

None.

Party Information

Debtor(s):

Kippy Lynn Miller Represented By Keith F Rouse

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24193


Mariana Brown


Chapter 13


#36.00 Motion to avoid junior lien on principal residence with Nationstar Mortgage LLC dba Mr. Cooper servicing for International Mortgage Corporation Association


Docket 44


Tentative Ruling:

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

CONT...


Mariana Brown


Chapter 13

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.


Party Information

Debtor(s):

Mariana Brown Represented By Anthony P Cara

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12254


Jerome Reynolds


Chapter 13


#37.00 Motion for Setting Property Value


Docket 15


Tentative Ruling:

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.

Party Information

Debtor(s):

Jerome Reynolds Represented By Heather J Canning

1:30 PM

CONT...

Trustee(s):


Jerome Reynolds


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20458


Nicholas Andrew Colachis


Chapter 13


#38.00 Objection to Claim #5 by Claimant U.S. Bank Trust/Caliber Home Loans. in the amount of

$ 2,266,719.46


Docket 27

Tentative Ruling:

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

CONT...

Nicholas Andrew Colachis

Chapter 13

(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;

  1. privity between the parties in the prior action and the present action; and

  2. 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.

    Party Information

    1:30 PM

    CONT...

    Debtor(s):


    Nicholas Andrew Colachis


    Chapter 13

    Nicholas Andrew Colachis Pro Se

    Movant(s):

    Nicholas Andrew Colachis Pro Se

    Trustee(s):

    Nancy K Curry (TR) Pro Se

    1:30 PM

    2:18-13298


    Julian Robinson


    Chapter 7


    #39.00 Order to Show Cause Re Dismissal of Involuntary Case


    Docket 3


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Julian Robinson Pro Se

    1:30 PM

    2:14-28442


    Michelle L Eshaghpour


    Chapter 13


    #40.00 Motion to Commence Loan Modification Management Program (LMM)


    Docket 45


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Michelle L Eshaghpour Represented By David S Hagen

    Trustee(s):

    Nancy K Curry (TR) Pro Se

    1:30 PM

    2:15-20675


    Ronald Vasquez


    Chapter 13


    #41.00 Motion for Authority to Incur Debt (Ch 13)


    Docket 46


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Ronald Vasquez Represented By

    D Justin Harelik

    Trustee(s):

    Nancy K Curry (TR) Pro Se

    1:30 PM

    2:17-23807


    Rosie Esparza


    Chapter 13


    #42.00 Emergency motion for reconsideration, to reopen case and vacate dismissal entered by clerk


    Docket 16


    Tentative Ruling:

    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

    CONT...


    Rosie Esparza


    Chapter 13

    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

    CONT...


    Rosie Esparza


    Chapter 13

    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.

    Party Information

    Debtor(s):

    Rosie Esparza Pro Se

    1:30 PM

    CONT...

    Trustee(s):


    Rosie Esparza


    Chapter 13

    Nancy K Curry (TR) Pro Se

    10:00 AM

    2:18-13035


    Leanette Booth


    Chapter 13


    #1.00 Motion for relief from stay [UD]


    JAMES CHARLTON VS

    DEBTOR


    Docket 10


    Tentative Ruling:

    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

    CONT...


    Leanette Booth


    Chapter 13

    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.

    Party Information

    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

    2:18-13035


    Leanette Booth


    Chapter 13


    #2.00 Motion for relief from stay [RP]


    HSBC BANK USA,, NATIONAL ASSOCIATION VS

    DEBTOR


    Docket 13


    Tentative Ruling:

    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)

  3. to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant 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

CONT...


Leanette Booth


Chapter 13

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.

Party Information

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

2:16-11748


Kenneth P. Justak


Chapter 13


#3.00 Motion for relief from stay [PP]


EXETER FINANCE LLC VS

DEBTOR


fr. 1-16-18; 2-13-18; 3-20-18; 4-3-18


Docket 50


Tentative Ruling:

None.

Party Information

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

2:16-20067


Michele Jackson


Chapter 13


#4.00 Motion for relief from stay [PP]


KIA MOTORS FINANCE VS

DEBTOR


Docket 37


Tentative Ruling:

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.

Party Information

Debtor(s):

Michele Jackson Represented By Keith F Rouse

10:00 AM

CONT...

Movant(s):


Michele Jackson


Chapter 13

Kia Motors Finance Represented By Austin P Nagel

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-17340


Maria Petra Zarate


Chapter 13


#5.00 Motion for relief from stay [PP]


NISSAN MOTOR ACCEPTANCE CORPORATION VS

DEBTOR


Docket 27


Tentative Ruling:

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.

Party Information

Debtor(s):

Maria Petra Zarate Represented By William G Cort

10:00 AM

CONT...

Movant(s):


Maria Petra Zarate


Chapter 13

NISSAN MOTOR ACCEPTANCE Represented By

Michael D Vanlochem

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24348


Dennis Lina Silva


Chapter 13


#6.00 Motion for relief from stay [PP]


HONDA LEASE TRUST VS

DEBTOR


Docket 20

*** VACATED *** REASON: O/E 4-17-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-17692


Enrique Ramirez Casillas and Brenda Maribel Casillas


Chapter 13


#7.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr. 3-27-18

Docket 70


Tentative Ruling:

None.

Party Information

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

2:13-29646


Ricardo Perales, Jr. and Patricia Bethel


Chapter 13


#8.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR fr. 4-10-18

Docket 54


Tentative Ruling:

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.

Party Information

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

2:14-28442


Michelle L Eshaghpour


Chapter 13


#9.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:14-29381


Carlos Guardado and Jennie Reese


Chapter 13


#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 1-9-18; 2-6-18; 3-27-18


Case dismissed 4/2/18


Docket 59

*** VACATED *** REASON: CASE DISMISSED 4/2/18

Tentative Ruling:

Party Information

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

2:17-10751


Ouida Michiko Woods


Chapter 13


#11.00 Motion for relief from stay [RP]


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

*** VACATED *** REASON: O/E 4-9-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-21606


Shawn Dean Sheppard


Chapter 13


#12.00 Motion for relief from stay [RP]


WESCOM CREDIT UNION VS

DEBTOR fr. 4-10-18

Docket 34


Tentative Ruling:

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

CONT...


Shawn Dean Sheppard


Chapter 13

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.

Party Information

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

2:17-24193


Mariana Brown


Chapter 13


#13.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr. 3-27-18

Docket 41


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Mariana Brown


Chapter 13

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

2:17-12851


Mayra Lopez


Chapter 13


#14.00 Motion for relief from stay [RP]


TRINITY FINANCIAL SERVICES, LLC VS

DEBTOR


Case dismissed 4/13/18


Docket 64

*** VACATED *** REASON: CASE DISMISSED 4/13/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-13933


Shelia Varrie-Gail Nelson-Griggs


Chapter 13


#15.00 Motion for relief from stay [RP]


GMAT LEGAL TITLE TRUST 2014-1 VS

DEBTOR


Docket 32


Tentative Ruling:

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.


Party Information

Debtor(s):

Shelia Varrie-Gail Nelson-Griggs Represented By

Julie J Villalobos

10:00 AM

CONT...

Movant(s):


Shelia Varrie-Gail Nelson-Griggs


Chapter 13

GMAT Legal Title Trust 2014-1, Represented By

Joseph C Delmotte

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-16235


Wanda Denise Clayton


Chapter 13


#16.00 Motion for relief from stay [RP]


WELLS FARGO USA HOLDINGS, INC VS

DEBTOR


Stipulation for adequate protection filed 4/24/18


Docket 24


Tentative Ruling:

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.

Party Information

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

2:17-16347


Gloria L Leonard


Chapter 13


#17.00 Motion for relief from stay [RP]


CALIFORNIA CREDIT UNION VS

DEBTOR


Docket 40


Tentative Ruling:

None.

Party Information

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

2:17-19712


Patricia West


Chapter 7


#18.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 58


Tentative Ruling:

None.

Party Information

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

2:17-20436


Armando Diaz


Chapter 13


#19.00 Motion for relief from stay [RP]


PNC BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 29


Tentative Ruling:

None.

Party Information

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

2:17-22313


Fariba Edwards


Chapter 13


#20.00 Motion for relief from stay [RP]


ALTURA CREDIT UNION VS

DEBTOR


Docket 27


Tentative Ruling:

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

CONT...


Debtor(s):


Fariba Edwards


Party Information


Chapter 13

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

2:18-12268


Sergio Moreno Morales


Chapter 13


#21.00 Motion for relief from stay [RP]


STRATEGIC ACQUISITIONS, INC VS

DEBTOR


Notice of Movant's intent to proceed on motion despite dismissal filed 4/23/18


Docket 37


Tentative Ruling:

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

CONT...


Sergio Moreno Morales


Chapter 13

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.

Party Information

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

2:18-12359


Rosicela Carbajal Carlos


Chapter 13


#22.00 Motion for relief from stay [RP]


SIERRA PACIFIC MORTGAGE CO. VS

DEBTOR


Docket 16


Tentative Ruling:

None.

Party Information

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

2:18-12596


Anthony Michael Foggs


Chapter 13


#23.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NA VS

DEBTOR


Docket 22


Tentative Ruling:

None.

Party Information

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

2:18-12768


Hye Rin Park


Chapter 13


#24.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Case dismisssed 4/2/18


Docket 11


Tentative Ruling:

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

CONT...


Hye Rin Park


Chapter 13

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.



Party Information

Debtor(s):

Hye Rin Park Pro Se

Movant(s):

Nationstar Mortgage LLC d/b/a Mr. Represented By

Nancy L Lee

10:00 AM

CONT...

Trustee(s):


Hye Rin Park


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-13151


Carlos Rodriguez


Chapter 13


#25.00 Motion for relief from stay [RP]


ROBERT NAGATA 401(K) PROFIT SHARING PLAN

VS DEBTOR


Docket 9


Tentative Ruling:

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

CONT...


Carlos Rodriguez


Chapter 13

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.


Party Information

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

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#26.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC. VS

DEBTOR fr. 3-27-18

Docket 39


Tentative Ruling:

None.

Party Information

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

2:18-11244


Edward J Cha


Chapter 7


#27.00 Motion for relief from stay [UD]


THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

VS DEBTOR


Docket 15


Tentative Ruling:

None.

Party Information

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

2:18-13572


Archie Clore Pope


Chapter 13


#28.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 14


Tentative Ruling:

None.

Party Information

Debtor(s):

Archie Clore Pope Represented By James C Shields

Trustee(s):

Nancy K Curry (TR) Pro Se

11:00 AM

2:18-11739


Carolina Ayala Hernandez


Chapter 7


#1.00 Motion to Request Relief from Fraudulent filing Pursuant to 18 U.S.C. 157 and vacating

Notice of Conversion filed April 16, 2018 Docket Number 15


Docket 22


Tentative Ruling:

None.

Party Information

Debtor(s):

Carolina Ayala Hernandez Represented By Axel H Richter

Trustee(s):

Jason M Rund (TR) Pro Se

11:00 AM

2:18-14109


Johnnie Fields


Chapter 13


#2.00 Emergency Motion to Set Aside Foreclosure Sale


Docket 17


Tentative Ruling:

None.

Party Information

Debtor(s):

Johnnie Fields Represented By Leslie Richards

Trustee(s):

Nancy K Curry (TR) Pro Se

2:00 PM

2:17-25560


Celia Rodriguez


Chapter 7

Adv#: 2:18-01051 Kitsuta v. Rodriguez


#1.00 Status Conference re Complaint for nondischargeability of debt pursuant to 11 U.S.C. Section 523(a)(2), 523(a)(4), and 523(a)(6)


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-22108


Aram Shirikchyan


Chapter 7

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


Tentative Ruling:

None.

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#2.10 Application for default-


Docket 4


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01078 Hoats v. Briceno


#3.00 Status Conference re Removal of Action


Docket 1


Tentative Ruling:

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.

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al


#4.00 Pretrial Conference re Second Amended Complaint For:


  1. Avoidance of Preferential Transfers [11 U.S.C. § 547];

  2. Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);

  3. Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];

  4. Recovery of Avoided Transfers [11 U.S.C. § 550];

  5. 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

Jeffrey Licht & Associates, Inc.


Stipulation to continue filed 3-8-18


Docket 20

*** VACATED *** REASON: CONTINUED TO 7/17/18 @ 2:00 PM

Tentative Ruling:

Pursuant to the Court's order of November 2, 2017, this pretrial

2:00 PM

CONT...


Avenue K1753, LLC


Chapter 7

conference is CONTINUED to January 30, 2018 at 2:00 p.m. Appearances waived.

Party Information

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

2:17-10870


Cedric Leonardi


Chapter 11

Adv#: 2:17-01272 Leonardi v. O'Neill


#5.00 Pretrial Conference re Complaint to:

  1. avoid lien

  2. avoid preferential transfer

  3. avoid fraudulent transfer

  4. disallow claim

  5. in the alternative determine validity, extent and priority of lien and;

  6. 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

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Cedric Leonardi


Chapter 11

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#6.00 Motion For Summary Judgment fr 4-3-18

Docket 415


Tentative Ruling:

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.

Party Information

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

CONT...


Zafar David Khan


Lewis R Landau Matthew C Mickelson


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#7.00 Status Conference re Shareholder Derivative Complaint:

  1. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(4))

  2. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(6))

  3. for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(2))

  4. 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


Tentative Ruling:

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.

Party Information

Debtor(s):

Zafar David Khan Represented By Lewis R Landau

Defendant(s):

Zafar David Khan Represented By Lewis R Landau

2:00 PM

CONT...


Zafar David Khan


Matthew C Mickelson


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#8.00 Plaintiffs' Motion to Compel Further Discovery Responses and Production of Documents from Defendant RMail Limited


fr 4-3-18


Docket 350


Tentative Ruling:

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.

Party Information

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

CONT...


Zafar David Khan


Chapter 7

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

2:13-19713


Zafar David Khan


Chapter 7

Adv#: 2:18-01005 Burke et al v. Khan et al


#9.00 Motion For Sanctions/Disgorgement Against Plaintiffs for Failure to Comply with Discovery Order


fr 4-3-18


Docket 423


Tentative Ruling:

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.

Party Information

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

CONT...


Zafar David Khan


Chapter 7

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

2:16-21633


Alverna Stanley


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-17


Docket 54


Tentative Ruling:

Debtor should be prepared to explain why she failed to file a status report in advance of this scheduling and case management conference.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:18-12322


Michelle Carter


Chapter 11


#2.00 Debtor's Motion to Dismiss the Chapter 11 Case


Docket 7


Tentative Ruling:

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.

Party Information

Debtor(s):

Michelle Carter Represented By Kevin Tang

10:00 AM

2:18-12322


Michelle Carter


Chapter 11


#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 14


Tentative Ruling:

This matter is taken OFF CALENDAR due to the dismissal of debtor's chapter 11 case. Appearances waived.

Party Information

Debtor(s):

Michelle Carter Represented By Kevin Tang

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#4.00 Objection To Claim Of Behrouz Aframian [Claim No. 4]


fr. 1-18-18


Docket 193


Tentative Ruling:

None.

Party Information

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

2:17-18114


Fariborz Rafael


Chapter 11


#5.00 Motion RE: Objection to Claim by Claimant JH Portfolio Debt Equity


Docket 105


Tentative Ruling:

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.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#6.00 First Amended Disclosure Statement


Docket 103


Tentative Ruling:

None.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

Movant(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:17-18114


Fariborz Rafael


Chapter 11


#7.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18; 3-1-18; 4-12-18


Docket 22


Tentative Ruling:

None.

Party Information

Debtor(s):

Fariborz Rafael Represented By Vahe Khojayan

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#8.00 Motion To Hire Auctioneer and Sell Property by Auction


Docket 46


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#9.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18


Docket 11


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#10.00 Post Confirmation Status Conference


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

*** VACATED *** REASON: O/S 4-26-18 CONTINUED TO 5-31-18 @ 10:00 AM

Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

Movant(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#11.00 Application for Compensation for Ian Landsberg,

Debtor's Attorney fr 3-29-18

Docket 193

*** VACATED *** REASON: O/S 4-26-18 CONTINUED TO 5-31-18 @ 10:00 AM

Tentative Ruling:

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.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:17-10870


Cedric Leonardi


Chapter 11


#12.00 Motion to Approve Compromise Under Rule 9019


Docket 191


Tentative Ruling:

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.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

10:00 AM

2:17-10870


Cedric Leonardi


Chapter 11


#13.00 Application for Compensation for Leslie A Cohen, Debtor's Attorney


Docket 195


Tentative Ruling:

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.

Party Information

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

10:00 AM

2:11-61048


Yung Ok Lee


Chapter 11


#14.00 Motion to Reopen Chapter 11 Case to File

a Motion for Entry of Discharge, Final Decree, and Order Closing Debtor's Chapter 11 Case


Docket 120


Tentative Ruling:

No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor shall lodge an appropriate order.

Appearances waived.

Party Information

Debtor(s):

Yung Ok Lee Represented By

Robert K Lee

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#15.00 Motion to Use Cash Collateral


Docket 30


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle J Lindsey

W. Sloan Youkstetter

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#16.00 Motion for sanctions under rule 9011 and the court's inherent powers


fr. 3-29-18


Docket 959


Tentative Ruling:

This matter is CONTINUED to June 7, 2018 at 10:00 a.m.

Appearances waived.

Party Information

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

2:12-46306


Gerald Marquis Antoine


Chapter 7


#1.00 Motion to Reopen Chapter 7 Case In Order

To FIle Motion To Avoid Lien Under 11 USC 522(f).


Docket 33

*** VACATED *** Tentative Ruling:

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.

Party Information

Debtor(s):

Gerald Marquis Antoine Represented By Alon Darvish

Trustee(s):

Wesley H Avery (TR) Pro Se

2:00 PM

2:17-12867

Marco Antonio Garcia and Eco Modular Inc.,

Chapter 7

#2.00 Motion For Order Disallowing Secured Claim Of Franchise Tax Board (Claim 2-1), Or, In The

Alternative, Subordinating Such Claim Pursuant To Section 724(B) Of The Bankruptcy Code

Docket 155

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

5/1/18

Tentative Ruling:

None.

Party Information

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

2:17-11437


Hong Sik Park and Jong Hee Park


Chapter 7


#3.00 Order to Show Cause Why Creditor "REV 973, LLC" Should Not be Held in Contempt of Court, and for Damages and Attorney's Fees, for Intentionally Violating the Automatic Stay and the Discharge Injunction


fr. 3-29-18


Docket 28

*** VACATED *** REASON: O/E 4-17-18 DISCHARGING ORDER TO SHOW CAUSE

Tentative Ruling:

None.

Party Information

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

2:17-10870


Cedric Leonardi


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 12-14-17; 5-17-18


Docket 15


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-18; 3-1-17; 4-12-18


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:16-10656


Aurora Bartola Gutierrez


Chapter 11


#4.00 Post Confirmation Status Conference fr. 6-8-17; 10-5-17, 1-18-18;

Docket 143


Tentative Ruling:

None.

Party Information

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

2:16-19487


Wilma Seneviratne


Chapter 11


#5.00 Post Confirmation Status Conference fr 12-14-17, 1-18-18

Docket 0


Tentative Ruling:

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.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#6.00 Application for Compensation for Eddie Rodriguez, Accountant


Docket 391


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#7.00 Application for Compensation for Joseph Rodrigues, Ombudsman Health


Docket 392


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#8.00 Motion for Order Setting Procedures For Objections to, Estimations of, and/or Determination of, Secured Status of Proofs of Claims


fr. 3-8-18; 4-12-18


Docket 162

*** VACATED *** REASON: O/E 4-30-18 CONTINUED TO 7-5-18 @ 10:00 A.M.

Tentative Ruling:

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?

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

10:00 AM

CONT...


Movant(s):


RPM Harbor Services, Inc.


Vanessa M Haberbush Lane K Bogard

David R Haberbush


Chapter 11

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#9.00 Motion for Protective Order & Notice by Creditors Jose M. Velasquez, Jose Edgar Velasquez, Anthony Calero Padilla, And William A. Velasquez


FR. 3-7-18; 3-12-18; 4-12-18


Docket 241

*** VACATED *** REASON: O/E 4-30-18 CONTINUED TO 7-5-18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#10.00 Second Interim Application of Levene, Neale, Bender, Yoo & Brill L.L.P., Counsel for Official Committee of Unsecured Creditors, for Approval of Fees and Reimbursement of Expenses.


Docket 293


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#11.00 Second Interim Application of CohnReznick LLP, Financial Advisor to the Official Committee of Unsecured Creditors, for Approval of Fees and Reimbursement of Expenses


Docket 294


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#12.00 First Interim Fee Application for Compensation for Legal Services Rendered and Reimbursement of Expenses by Scopelitis, Garvin, Light, Hanson, & Feary, P.C.


Docket 295


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#13.00 Application for Compensation For Interim Fees and Expenses for Haberbush & Associates, LLP, Debtor's Attorney


Docket 298


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18


Docket 1


Tentative Ruling:

None.

Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:18-14109


Johnnie Fields


Chapter 13


#15.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 12

*** VACATED *** REASON: O/E 5-4-18 CONTINUED TO 6-5-18 @ 10:00 A.M.

Tentative Ruling:

None.

Party Information

Debtor(s):

Johnnie Fields Represented By Leslie Richards

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-14229


Rina Isabel Gomez


Chapter 13


#16.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 17


Tentative Ruling:

None.

Party Information

Debtor(s):

Rina Isabel Gomez Represented By Kevin Tang

Trustee(s):

Nancy K Curry (TR) Pro Se

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#1.00 Motion to Disallow Claims Martinson fr 3-5-18; 4-9-18

Docket 321

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#2.00 Motion for Order Authorizing Use of Cash Collateral

fr. 11-16-17,12-7-17; 2-15-18; 3-5-18; 4-9-18

Docket 211

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Telephonic Hearing

Chapter 11

#3.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


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

*** VACATED *** REASON: O/E 4/16/18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#4.00 Motion to Disallow Claims filed by Hung Nguyen fr. 4-12-18

Docket 340

*** VACATED *** REASON: O/E 4-24-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#5.00 Motion to Disallow Claims filed by SNP Pharmacy, Inc. fr. 4-12-18

Docket 337

*** VACATED *** REASON: O/E 4-24-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#6.00 Motion To Estimate Claim (Claim No. 13)

West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18; 4-9-18

Docket 291

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#7.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]

FR 12-14-17; 2-1-18; 2-15-18; 3-5-18; 4-9-18

Docket 210

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#8.00 Motion to Disallow Claims filed by Anthony Au fr. 4-12-18

Docket 339

*** VACATED *** REASON: O/E 4-24-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#9.00 Motion to Disallow Claims filed by Cuong Do fr. 4-12-18

Docket 341

*** VACATED *** REASON: O/E 4-24-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#10.00 First Amended Disclosure Statement describing Chapter 11 Plan of Reorganization

fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18; 4-9-18

Docket 148

*** VACATED *** REASON: O/E 4/16/18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

Movant(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

11:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#11.00 Motion To Estimate Claim (Claim No. 9) fr 2-15-18; 3-5-18; 4-9-18

Docket 289

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#12.00 Motion To Estimate Claim (Claim No. 14) fr 2-15-18; 3-5-18; 4-9-18

Docket 290

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11

#13.00 Motion to Disallow Claims (Salceda) fr 3-5-18; 4-9-18

Docket 320

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

11:00 AM

2:17-13634

Baldwin Park Congregate Home, Inc.

Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: O/E 4-20-18 CONTINUED TO 5/23/18 @ 10:00 A.M.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes

10:00 AM

2:18-12318

Francis Xavier M. Garcia and Therese Marie Castro Garcia

Chapter 13

#1.00 Motion for relief from stay [UD] ROGELIO ANDRADE

VS DEBTOR

Docket 16


Tentative Ruling:

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.

Party Information

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

2:18-13216


Allyssa Holder


Chapter 13


#2.00 Motion for relief from stay [UD]


R2 LOFTS, LP VS

DEBTOR


Docket 15

*** VACATED *** REASON: CASE DISMISSED 4/27/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-24881


Maria Johnston


Chapter 13


#3.00 Motion for relief from stay [PP]


WESTLAKE FINANCIAL SERVICES VS

DEBTOR fr 4-10-18

Docket 30

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 04/11/18

Tentative Ruling:

Party Information

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

2:15-17406

Tomi Corinne Stewart

Telephonic Hearing

Chapter 13

#4.00 Motion for relief from stay [PP]


ALLY FINANCIAL INC VS

DEBTOR


Adam N Barasch to appear by telephone Michael F Chekian to appear by telephone


Docket 66


Tentative Ruling:

None.

Party Information

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

2:16-24263


Byron H. Knight and Lakesha M. Knight


Chapter 13


#5.00 Motion for relief from stay [PP]


NISSAN-INFINITI LT VS

DEBTOR


Docket 81


Tentative Ruling:

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.

Party Information

Debtor(s):

Byron H. Knight Represented By

10:00 AM

CONT...


Byron H. Knight and Lakesha M. Knight

Steven B Lever


Chapter 13

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

2:17-15236


Eduardo Reyes


Chapter 13


#6.00 Motion for relief from stay [PP]


MONARCH GRAND VACATION OWNERS ASSOCIATION

VS DEBTOR


Docket 37


Tentative Ruling:

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

CONT...


Debtor(s):


Eduardo Reyes


Party Information


Chapter 13

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

2:14-16469


J. Craig Fostrey


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:15-15662


Richard Preciado and Alma Jezabel Preciado

Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

CONT...


Trustee(s):


Richard Preciado and Alma Jezabel Preciado

Jonathan J Damen Jason C Kolbe Diana Torres-Brito

Alexander G Meissner


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-18122


Betsy Yun-Yuan Wang


Telephonic Hearing


Chapter 13

#9.00 Motion for relief from stay [RP]


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

*** VACATED *** REASON: O/E 5-8-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:16-23851


Lisa Marie Battiest


Chapter 13


#10.00 Motion for relief from stay [RP]


CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS

DEBTOR


fr. 3-27-17; 4-10-18


Docket 35

*** VACATED *** REASON: O/E 5-9-18 SETTLED BY STIPULATION

Tentative Ruling:

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.


Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar

Telephonic Hearing


Chapter 11

#11.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:18-11592


Wajida Alhambra


Telephonic Hearing


Chapter 11

#12.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 4-10-18

Cassandra Richey to appear by telephone


Docket 16


Tentative Ruling:

None.

Party Information

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

2:17-12919


Desmond Paul McLean


Telephonic Hearing


Chapter 13

#13.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Gilbert R Yabes to appear by telephone


Docket 35


Tentative Ruling:

None.

Party Information

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

2:17-23417


Gary N Newtwon Living Trust

Telephonic Hearing


Chapter 7

#14.00 Motion for relief from stay [RP]


PENNYMAC HOLDINGS, LLC VS

DEBTOR


Gilbert R Yabes to appear by telephone


Docket 28


Tentative Ruling:

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

CONT...


Gary N Newtwon Living Trust


Chapter 7

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.

Party Information

Debtor(s):

Gary N Newtwon Living Trust Represented By Raymond Perez

10:00 AM

CONT...

Movant(s):


Gary N Newtwon Living Trust


Chapter 7

PENNYMAC HOLDINGS, LLC Represented By

Joseph C Delmotte

Trustee(s):

Wesley H Avery (TR) Represented By David M Goodrich

10:00 AM

2:18-10147


Stephen Jenell Vincent and Michele Wesley Vincent

Telephonic Hearing


Chapter 13

#15.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 37


Tentative Ruling:

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.

Party Information

Debtor(s):

Stephen Jenell Vincent Represented By Raymond Perez

10:00 AM

CONT...


Stephen Jenell Vincent and Michele Wesley Vincent


Chapter 13

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

2:18-10356


Edward L Franco


Telephonic Hearing


Chapter 13

#16.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Cassandra Richey to appear by telephone


Docket 26


Tentative Ruling:

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.

Party Information

Debtor(s):

Edward L Franco Represented By Raymond Perez

10:00 AM

CONT...

Movant(s):


Edward L Franco


Chapter 13

Nationstar Mortgage LLC Represented By Cassandra J Richey

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-12268


Sergio Moreno Morales

Telephonic Hearing


Chapter 13

#17.00 Motion for relief from stay [RP]


KYRIE S REICHMAN AND MEGAN BARNES REICHMAN

VS DEBTOR


Andrew J Miller to appear by telephone


Docket 42

*** VACATED *** REASON: CASE DISMISSED 4/27/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-12652


Mei C Shen


Chapter 13


#18.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING, LLC VS

DEBTOR


Docket 14


Tentative Ruling:

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

CONT...


Mei C Shen


Chapter 13

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.

Party Information

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

2:18-13420


Kyung H Min


Chapter 13


#19.00 Motion for relief from stay [RP]


LALM ENTERPRISES, LLC VS

DEBTOR


Docket 9


Tentative Ruling:

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

CONT...


Kyung H Min


Chapter 13

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.

Party Information

Kyung H Min Pro Se

Movant(s):

LALM Enterprises, LLC, a Represented By Edward T Weber

10:00 AM

CONT...

Trustee(s):


Kyung H Min


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-18448


George G Washington


Telephonic Hearing


Chapter 7

#20.00 Motion for relief from stay [RP]


BAYVIEW LOAN SERVICING VS

DEBTOR


fr. 12-5-17; 2-27-18


Rika M Kido to appear by telephone


Docket 161

*** VACATED *** REASON: Withdrawal of motion filed : 4/26/18 Tentative Ruling:

Party Information

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

2:16-18448


George G Washington


Chapter 7


#21.00 Motion for relief from stay [RP]


BAYVIEW LOAN SEVICING, LLC VS

DEBTOR


Stipulation to continue hearing filed 5/1/18


Docket 211


Tentative Ruling:

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.

Party Information

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

2:18-11774


Designed to Move, LLC


Chapter 11


#22.00 Motion for relief from stay [UD]


PIONEER INVESTMENT, INC VS

DEBTOR


Docket 49


Tentative Ruling:

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.


Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

Movant(s):

Pioneer Investment, Inc. Represented By Ann G. Lee

10:00 AM

2:18-10175


American Ranch and Seafood Markets

Telephonic Hearing


Chapter 11

#23.00 Motion for relief from stay [PP]


DAIMLER TRUST VS

DEBTOR


Randall Mroczynski to appear by telephone


Docket 70


Tentative Ruling:

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

CONT...


Debtor(s):


American Ranch and Seafood Markets

Party Information


Chapter 11

American Ranch and Seafood Represented By Sandford L. Frey

Movant(s):

Daimler Trust Represented By

Randall P Mroczynski

10:00 AM

2:18-12055


4402 Mammoth Investors, LLC


Chapter 11


#24.00 Motion for relief from stay


MAMMOTH INVESTORS VS

DEBTOR


Docket 23


Tentative Ruling:

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

CONT...


4402 Mammoth Investors, LLC

The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.


Chapter 11

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.

Party Information

4402 Mammoth Investors, LLC Represented By Mark T Young

Movant(s):

4402 Mammoth Investors, LLC Represented By Mark T Young

10:00 AM

2:17-13477


Thomas Paul LaRochelle

Telephonic Hearing


Chapter 13

#25.00 Motion for relief from stay


FREDY POVEDA VS

DEBTOR


Giovanni Orantes to appear by telephone


Docket 35


Tentative Ruling:

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

CONT...


Thomas Paul LaRochelle

Here, the Court finds cause to permit the pending workers


Chapter 13

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.

Party Information

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

2:18-14504


Daniel Monterroso Hernandez


Chapter 13


#26.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate .


Docket 11


Tentative Ruling:

None.

Party Information

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

2:17-21606


Shawn Dean Sheppard


Chapter 13

Adv#: 2:18-01059 Sheppard v. Galadzhyan et al


#1.00 Status Conference re Complaint for:

  1. determine the extend and validity of lien on real property

  2. cancellation of deed; and

  3. declaratory relief


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01077 Hoats v. Briceno et al


#2.00 Status Conference re Complaint for:

  1. Breach of Contract

  2. Common Counts

  3. Quantum Meruit

  4. Turnover

  5. Validity and extent of Attorney Liens [FRBP 7001(2)]

  6. Obtaining approval for the sale of property in which

he estate and co-owner have an interest [FRBP 7001(3)]


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01078 Hoats v. Briceno


#2.10 Status Conference re Removal of Action fr. 5-1-18

Docket 1


Tentative Ruling:

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.

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#3.00 Order to Show Cause re Dismissal


Docket 0


Tentative Ruling:

This matter is CONTINUED to June 5, 2018 at 2:00 p.m.

Appearances waived.

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#4.00 Status Conference re Complaint objecting to discharge


fr. 4-17-18


Docket 1


Tentative Ruling:

This matter is CONTINUED to June 5, 2018 at 2:00 p.m.

Appearances waived.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548

Mastan v. Biasiolo et al

Telephonic Hearing

#5.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18, 3-6-18


Jack A Reitman to appear by telephone


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Carlo Bondanelli


Chapter 7

Peter J Mastan (TR) Represented By John P Reitman

Aleksandra Zimonjic

2:00 PM

2:17-10870


Cedric Leonardi


Chapter 11

Adv#: 2:17-01272 Leonardi v. O'Neill


#6.00 Pretrial Conference re Complaint to:

  1. avoid lien

  2. avoid preferential transfer

  3. avoid fraudulent transfer

  4. disallow claim

  5. in the alternative determine validity, extent and priority of lien and;

  6. 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

Tentative Ruling:

The court approved the parties settlement at a hearing on May 3, 2018. Accordingly, this pretrial conference is taken OFF CALENDAR. Appearances waived.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

Defendant(s):

Jennifer O'Neill Pro Se

2:00 PM

CONT...

Cedric Leonardi

Chapter 11

Plaintiff(s):

Cedric Leonardi Represented By Leslie A Cohen

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:11-41465


James Cardenas


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18; 3-28-18


Docket 109


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Cardenas Represented By Charles Shamash Joseph Caceres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-51842


Jesus Balbido Maquindang and Porferia Bacat Maquindang


Chapter 13


#2.00 Motion to Dismiss Case Due to Material Default with Respect to a Term of a Confirmed Plan Under 11 U.S.C. §1307(c) (6)


fr. 9-20-17; 11-15-17; 12-13-17; 2-28-18


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-46431


Betsaida Sanchez-Young


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 3-7-18; 4-18-18


Docket 67

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/26/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Betsaida Sanchez-Young Represented By Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-32210


Abraham Christopher Silva


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-36806


Antonio Vaca


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Antonio Vaca Represented By Tyson Takeuchi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-37724


Lynette Marie Baker


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 3-7-18


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lynette Marie Baker Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-17049


Anthony Eugene Walker


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 3-7-18


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony Eugene Walker Represented By Brad Weil

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-20111


Daniel Rivera


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Rivera Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-22988


Jennifer Penalber


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 3-7-18


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Penalber Represented By Danelle Lloyd

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-24254


Garcia Amelia


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17, 1-10-18, 3-7-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Garcia Amelia Represented By Michael V Jehdian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26926


Tomacka Thrasher


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 11-1-17, 1-10-18, 3-7-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tomacka Thrasher Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10647


Reid Jeffrey Osherow


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reid Jeffrey Osherow Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 7-5-17; 9-6-17; 11-15-17, 1-10-18, 3-7-18


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23031


Guilmar Alfredo Ruano


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-26770


Jesus Limon


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 3-7-18


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Limon Represented By

Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-44878


Kevork N Ashkharian and Sonia F Ashkharian


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-46266


Anthony Estrada and Linda Ann Estrada


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-17776


Jose Reynaldo Aquino


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 126


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Reynaldo Aquino Represented By Christopher J Lauria

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:13-31511


Saul Quirarte and Guadalupe Z Quirarte


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 102


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-26937


Lloyd M Roberson


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lloyd M Roberson Represented By Christie Cronenweth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-27200


Nicholas Paul Richards


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicholas Paul Richards Represented By Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10269


Sandra L. Lee


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 22

*** VACATED *** REASON: Case converted to chapter 7 on 5/01/2018 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra L. Lee Represented By

Steven B Lever

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-17516

Lota Lozleta Hadley

Chapter 13

#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lota Lozleta Hadley Represented By

Richard Mark Garber

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-22072


Alec Anthony Bauer and Angelica Bauer


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-19609


Devin Smith


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devin Smith Represented By

Michael E Clark Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20379


Raul Enrique Carranza


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 21


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raul Enrique Carranza Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-20675


Ronald Vasquez


Chapter 13


#27.00 Motion for Authority to Incur Debt (Ch 13) fr 4-18-18

Docket 46


Tentative Ruling:

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.

Party Information

Debtor(s):

Ronald Vasquez Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-35416


Ca-Trece Roxanne Mas'sey


Chapter 13


#28.00 Motion to Determine Whether Debtor Has Paid All Required Post-Petition Amounts And, If Not, The Amount Actually Owed


fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18


Docket 165

*** VACATED *** REASON: O/E 4-30-18 CONTINUED TO 5-30-18 @ 1:30 P.M.

Tentative Ruling:

None.

Party Information

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

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#29.00 Motion to modify plan or suspend plan payments


Docket 104


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-20788


Carolyn E. Frazee


Chapter 13


#30.00 Motion to modify plan or suspend plan payments


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carolyn E. Frazee Represented By Steven B Lever

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19581


Teresita Requillas Orcini


Chapter 13


#31.00 Motion to modify plan or suspend plan payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Teresita Requillas Orcini Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20474


Antonio Estrada and Eva Angelica Estrada


Chapter 13


#32.00 Motion to Modify Plan or suspend plan payments


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-20474


Antonio Estrada and Eva Angelica Estrada


Chapter 13


#33.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 4-18-18


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-26758


Jorge Alberto Rosa, Jr. and Heather Nicole Rosa


Chapter 13


#34.00 Motion to vacate dismissal and reinstating chapter 13 case


Docket 82


Tentative Ruling:

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.

Party Information

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

2:17-19104


Ricardo Arredondo


Chapter 13


#35.00 Motion to vacate dismissal


Docket 36


Tentative Ruling:

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.

Party Information

Debtor(s):

Ricardo Arredondo Represented By Ruben Fuentes

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22305


Rafael Felix Viscarra


Chapter 13


#36.00 Motion to vacate dismissal


Docket 28


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Felix Viscarra Represented By A Mina Tran

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-56854


Salvador Frank Lopez and Michelle Grace Lopez


Chapter 13


#37.00 Order to Show Cause Re Dismissal


Docket 40


Tentative Ruling:

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.


Party Information

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

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#37.10 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC. VS

DEBTOR


fr. 3-27-18; 5-1-18


Docket 39


Tentative Ruling:

None.

Party Information

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

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#37.20 Motion for an order to show cause why Chrysler Capital and Santander Consumer USA Inc. should not be held in contempt of court for not appearing for two scheduled hearings regarding valuation of property (2013 Fiat 500c)


Docket 50


Tentative Ruling:

None.

Party Information

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

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#37.30 Motion to Redeem Property of the Estate


Docket 56


Tentative Ruling:

None.

Party Information

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

2:18-13038


Willie Felton Wilson, Jr. and Armentha Arlene Wilson


Chapter 13


#38.00 Motion For Appointment of Debtor's Next Friend, Armentha Arlene Wilson, Per FRBP 1004.1


Docket 19


Tentative Ruling:

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.

Party Information

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

2:18-13038


Willie Felton Wilson, Jr. and Armentha Arlene Wilson


Chapter 13


#39.00 Motion For Order Granting Debtor Willie Felton Wilson Jr. Relief From the Requirements of

11 USC Section 1328(g)(1) and Authorizing Debtor's Next Friend to Appear at the meeting of Creditors


Docket 21


Tentative Ruling:

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.

Party Information

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

2:17-24972


Marvell Lenox Tell, Jr.


Chapter 13


#40.00 Motion to dismiss case pursuant to 11 USC § 1307 and 11 USC § 109 (g)


Docket 44


Tentative Ruling:

None.

Party Information

Debtor(s):

Marvell Lenox Tell Jr. Represented By Roseann Frazee

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24972


Marvell Lenox Tell, Jr.


Chapter 13


#41.00 Motion to Commence Loan Modification Management Program (LMM)

Real Time Resolution


Stipulation to continue hearing filed 5/7/18


Docket 39


Tentative Ruling:

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.

Party Information

Debtor(s):

Marvell Lenox Tell Jr. Represented By Roseann Frazee

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Chapter 13


#42.00 Motion RE: Objection to Claim Number 5 by Claimant Ulara Rogers (FKA Ulara Berglund)


Docket 38


Tentative Ruling:

None.

Party Information

Debtor(s):

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Chapter 13


#43.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18; 4-11-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22804


Mario G. Cardona


Chapter 13


#44.00 Objection to Claim #5 by Claimant Creditor Daniel Garza. in the amount of $ $842,000


fr. 4-11-18


Docket 44


Tentative Ruling:

None.

Party Information

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

2:18-11885


Jeanne R Leonard


Chapter 13


#45.00 Objection to Debtor's Claim of Exemption Under C.C.P. §704


Docket 15


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13


#46.00 Objection to Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67


Docket 27

*** VACATED *** REASON: WITHDRAWAL OF OBJECTION TO CLAIM FILED 4/30/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-23242


Sergio Cayetano Montero


Chapter 13


#47.00 Motion to avoid junior lien on principal residence with Citimortgage, Inc.


Docket 32


Tentative Ruling:

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

CONT...


Sergio Cayetano Montero


Chapter 13


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.


Party Information

Debtor(s):

Sergio Cayetano Montero Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-23242


Sergio Cayetano Montero


Chapter 13


#47.10 Hearing Re: Confirmation of Ch. 13 Plan


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sergio Cayetano Montero Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12534


Luis Ramon Ramirez and Amanda Patricia Dominguez


Chapter 13


#48.00 Motion for Order Determining Value of Collateral


Docket 18


Tentative Ruling:

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.

Party Information

Debtor(s):

Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark

1:30 PM

CONT...


Luis Ramon Ramirez and Amanda Patricia Dominguez


Chapter 13

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

2:15-21249


Maria C. Gonzalez


Chapter 13


#49.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 3-7-18; 4-11-18


Docket 50


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#50.00 Motion to Dismiss Case with Bar fr 4-11-18

Docket 66


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#51.00 Motion to Disallow Claims of Nora Zelaya [Proof of Claim No. 5]


fr 4-11-18


Docket 58


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#52.00 Motion to Disallow Claims of Carlos Gama [Proof of Claim No. 6]


fr 4-11-18


Docket 57


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#53.00 Motion to Disallow Claims of Elmer Sandoval [Claim No. 4]


fr 4-11-18


Docket 55


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#54.00 Motion to Disallow Claims filed by Joel Navarro (Proof of Claim No. 8)


Docket 93


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#55.00 Motion to Disallow Claims of Inma R. Figueroa [Proof of Claim No. 7]


fr 4-11-18


Docket 56


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21324


Sonja Ashby Kingsley


Chapter 7


#56.00 Order to Show Cause


Docket 0

*** VACATED *** Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonja Ashby Kingsley Pro Se

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:16-10656


Aurora Bartola Gutierrez


Chapter 11


#1.00 Post Confirmation Status Conference fr. 6-8-17; 10-5-17, 1-18-18

Docket 143

*** VACATED *** REASON: O/E 1-22-18 ADVANCED TO 5/10/18 @ 10:00 A.M.

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 12-14-17


Docket 15

*** VACATED *** REASON: O/E 1-22-18 ADVANCED TO 5/10/18 @ 10:00 A.M.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-25296

Meinardo Garcia Cruz

Chapter 7

#1.00 Reaffirmation Hearing Date Set

RE: [32] Pro se Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation

Docket 32

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Meinardo Garcia Cruz Represented By

Lisa F Collins-Williams

Trustee(s):

Elissa Miller (TR) Pro Se

10:00 AM

2:17-25409

Jose C Aguirre, Jr

Chapter 7

#2.00 Reaffirmation Hearing Date Set

RE: [15] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)

Docket 15

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jose C Aguirre Jr Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:17-25409


Jose C Aguirre, Jr


Chapter 7


#3.00 Reaffirmation Hearing Date Set

RE: [18] Pro se Reaffirmation Agreement Between Debtor and Hyundai Motor Finance


Docket 18

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jose C Aguirre Jr Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:17-25455


Jose Angel Murillo-Castro and Jessica Villanueva


Chapter 7


#4.00 Reaffirmation Hearing Date Set

RE: [11] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance


Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jose Angel Murillo-Castro Pro Se

Joint Debtor(s):

Jessica Villanueva Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:17-25471


Alex Florendo San Antonio and Liza Mendez San Antonio


Chapter 7


#5.00 Reaffirmation Hearing Date Set

RE: [17] Reaffirmation Agreement Between Debtor and OneMain Financial Services, Inc.


Docket 17

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:17-25558

Richard Barry Kalter

Chapter 7

#6.00 Reaffirmation Hearing Date Set

RE: [20] Pro se Reaffirmation Agreement Between Debtor and BMW Financial Services NA, LLC

Docket 20

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Richard Barry Kalter Represented By Louis J Esbin

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:17-25558

Richard Barry Kalter

Chapter 7

#7.00 Reaffirmation Hearing Date Set

RE: [17] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.

Docket 17

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Richard Barry Kalter Represented By Louis J Esbin

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:17-25639

Douglas Lawrance DeCoster and Elsa Diane DeCoster

Chapter 7

#8.00 Reaffirmation Hearing Date Set

RE: [36] Pro se Reaffirmation Agreement Between Debtor and APOLLO AUTO FINANCE (Frounjian, Vincent)

Docket 36

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:17-25663

Shana Lynn Yao

Chapter 7

#9.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and VW Credit Inc (Cotton, Julian)

Docket 8

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Shana Lynn Yao Pro Se

Trustee(s):

Jason M Rund (TR) Pro Se

10:00 AM

2:17-25722


Joseph Aurelio Duran


Chapter 7


#10.00 Reaffirmation Hearing Date Set

RE: [11] Pro se Reaffirmation Agreement Between Debtor and OneMain


Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Joseph Aurelio Duran Represented By Michael E Clark

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:18-10080

Najaf Nick Badirov

Chapter 7

#11.00 Reaffirmation Hearing Date Set

RE: [15] Pro se Reaffirmation Agreement Between Debtor and Daimler Trust

Docket 15

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Najaf Nick Badirov Represented By Elena Steers

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-10167

Rene Rodriguez and Araceli Ortega

Chapter 7

#12.00 Reaffirmation Hearing Date Set

RE: [11] Reaffirmation Agreement Between Debtor and Dona Roberto Jewelers Inc

Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:18-10176

Victor Miguel Fajardo

Chapter 7

#13.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Victor Miguel Fajardo Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-10188

Karla B Cruz

Chapter 7

#14.00 Reaffirmation Hearing Date Set

RE: [11] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)

Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Karla B Cruz Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-10232

Roberto Sanchez

Chapter 7

#15.00 Reaffirmation Hearing Date Set

RE: [14] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of CapitalOne, N.A.

Docket 14

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Roberto Sanchez Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:18-10408

Christina Marie Uzeta

Chapter 7

#16.00 Reaffirmation Hearing Date Set

RE: [13] Pro se Reaffirmation Agreement Between Debtor and OneMain Financial Services

Docket 13

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Christina Marie Uzeta Represented By Heather J Canning

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:18-10508

Jackeline Rocha

Chapter 7

#17.00 Reaffirmation Hearing Date Set

RE: [8] Reaffirmation Agreement Between Debtor and State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.

Docket 8

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jackeline Rocha Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Brad D Krasnoff (TR) Pro Se

10:00 AM

2:18-10508

Jackeline Rocha

Chapter 7

#18.00 Reaffirmation Hearing Date Set

RE: [11] Reaffirmation Agreement Between Debtor and American Honda Finance Corporation

Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jackeline Rocha Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Brad D Krasnoff (TR) Pro Se

10:00 AM

2:18-10668

Jorge Mario Duarte

Chapter 7

#19.00 Reaffirmation Hearing Date Set

RE: [14] Pro se Reaffirmation Agreement Between Debtor and Ally Bank

Docket 14

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jorge Mario Duarte Pro Se

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-10715


Elizabeth Elena Macias


Chapter 7


#20.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Wells Fargo Dealer Services


Docket 9

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Elizabeth Elena Macias Represented By Michael E Clark

Trustee(s):

Wesley H Avery (TR) Pro Se

10:00 AM

2:18-10787

Jorge Leonel Sanchez

Chapter 7

#21.00 Reaffirmation Hearing Date Set

RE: [11] Reaffirmation Agreement Between Debtor and American Honda Finance Corporation

Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jorge Leonel Sanchez Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-10787

Jorge Leonel Sanchez

Chapter 7

#22.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and Snap-on Credit LLC (Lee, Jeanine)

Docket 8

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Jorge Leonel Sanchez Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-10922

Katia M Pena

Chapter 7

#23.00 Reaffirmation Hearing Date Set

RE: [14] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2015 Ford Edge)

Docket 14

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Katia M Pena Pro Se

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-10942


Thelma Taleana Lee


Chapter 7


#24.00 Reaffirmation Hearing Date Set

RE: [13] Pro se Reaffirmation Agreement Between Debtor and Consumer Portfolio Services


Docket 13

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Thelma Taleana Lee Pro Se

Trustee(s):

Carolyn A Dye (TR) Pro Se

10:00 AM

2:18-11215


Martha Perez Sanchez


Chapter 7


#25.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)


Docket 9

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Martha Perez Sanchez Represented By Omar Zambrano

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:18-11473

Chandra Lee Ann David

Chapter 7

#26.00 Reaffirmation Hearing Date Set

RE: [10] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Chandra Lee Ann David Represented By Julie J Villalobos

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:18-11473

Chandra Lee Ann David

Chapter 7

#27.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Wells Fargo Bank, N.A.

Docket 9

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Chandra Lee Ann David Represented By Julie J Villalobos

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:18-11548

Ana M Lemus

Chapter 7

#28.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Ana M Lemus Pro Se

Trustee(s):

Elissa Miller (TR) Pro Se

10:00 AM

2:18-11561


Arnulfo R Berlin and Maria Del Carmen Berlin


Chapter 7


#29.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Ally Bank


Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:18-11672


Dean Edward Simons


Chapter 7


#30.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.


Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Dean Edward Simons Represented By Bert Briones

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-11712

Ben Ian Bonilla

Chapter 7

#31.00 Reaffirmation Hearing Date Set

RE: [9] Pro se Reaffirmation Agreement Between Debtor and Repossess Auto Sales

Docket 9

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Ben Ian Bonilla Pro Se

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-11728


Erika Acuna Marasigan and Rolando Aguila Marasigan


Chapter 7


#32.00 Reaffirmation Hearing Date Set

RE: [15] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)


Docket 15

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:18-11728

Erika Acuna Marasigan and Rolando Aguila Marasigan

Chapter 7

#33.00 Reaffirmation Hearing Date Set

RE: [13] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.

Docket 13

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

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

2:18-11787

Laura E. Gonzalez

Chapter 7

#34.00 Reaffirmation Hearing Date Set

RE: [11] Reaffirmation Agreement Between Debtor and Ally Financial

Docket 11

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Laura E. Gonzalez Represented By Beatriz Chen

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:18-11797

Sonia E Parada

Chapter 7

#35.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Sonia E Parada Represented By

Carlos A Delgado Ibarcena

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-11882

William Ashby

Chapter 7

#36.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Hyundai Motor Finance

Docket 9

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

William Ashby Represented By Julie J Villalobos

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

10:00 AM

2:18-11947

Christy Chi Nguyen Collins

Chapter 7

#37.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and LBS Financial Credit Union

Docket 8

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Christy Chi Nguyen Collins Pro Se

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:18-12183


Larry Paul Lewis


Chapter 7


#38.00 Reaffirmation Hearing Date Set

RE: [16] Reaffirmation Agreement Between Debtor and Ten Minute Title Loans Holdings, LLC


Docket 16

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Larry Paul Lewis Pro Se

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:18-12320


Yvonne Alvarez


Chapter 7


#39.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and ONEMAIN


Docket 8

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Yvonne Alvarez Pro Se

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:18-12430


Pedro Gamboa Banuelos


Chapter 7


#40.00 Reaffirmation Hearing Date Set

RE: [28] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)


Docket 28

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Pedro Gamboa Banuelos Represented By Christopher J Lauria

Trustee(s):

Brad D Krasnoff (TR) Pro Se

10:00 AM

2:18-12473

Luisa Delgado

Chapter 7

#41.00 Reaffirmation Hearing Date Set

RE: [10] Reaffirmation Agreement Between Debtor and Ally Financial

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Luisa Delgado Represented By Nicholas W Gebelt

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

10:00 AM

2:18-12505

Sandra Infante Lira

Chapter 7

#42.00 Reaffirmation Hearing Date Set

RE: [10] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2017 Ford Mustang)

Docket 10

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 5/29/18 @ 9:30 AM

Party Information

Sandra Infante Lira Represented By Omar Zambrano

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:18-10412

Hector Antonio Lopez

Chapter 7

#43.00 Reaffirmation Hearing Date Set

RE: [12] Pro se Reaffirmation Agreement Between Debtor and CALIFORNIA CREDIT UNION

Docket 12


Debtor(s):

*** VACATED *** REASON: HEARING NOT REQUIRED (DEBTOR'S COUNSEL SIGNED REAFFIRMATION)

Party Information

Hector Antonio Lopez Represented By

Raj T Wadhwani

Trustee(s):

David M Goodrich (TR) Pro Se

10:00 AM

2:16-20690


Gina Maria Dapremont


Chapter 13


#1.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK VS

DEBTOR fr. 4-17-18

Stipulation for adequate protection filed 5/8/18


Docket 68


Tentative Ruling:

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.


Party Information

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

2:16-25266


Marie-France Carolina Rallion


Chapter 13


#2.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 26


Tentative Ruling:

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.


Party Information

10:00 AM

CONT...

Debtor(s):


Marie-France Carolina Rallion


Chapter 13

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

2:17-24953


Devon Anthony Mendes


Chapter 13


#3.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK, N.A. VS

DEBTOR


Docket 27


Tentative Ruling:

None.

Party Information

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

2:17-25277


Giovanna Norma Lilley


Chapter 13


#4.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC VS

DEBTOR


Docket 33


Tentative Ruling:

None.

Party Information

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

2:17-25782


Alejandro Caro and Svetlana Caro


Chapter 13


#5.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 30


Tentative Ruling:

None.

Party Information

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

2:18-13598


Darren Searle


Chapter 13


#6.00 Motion for relief from stay [PP]


ALLY BANK VS DEBTOR


Docket 18


Tentative Ruling:

None.

Party Information

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

2:13-37517


Laszlo Nemeth


Chapter 13


#7.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR fr. 4-17-18

Docket 42


Tentative Ruling:

None.

Party Information

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

2:14-18718


Vilma Reginaldo Sakha and Sahat Manafpour Sakha

Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


fr 12-5-17, 1-9-18, 3-6-18


Docket 62


Tentative Ruling:

None.

Party Information

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

2:16-10155


Stefan Mark Higa and Emy Okohira


Chapter 13


#9.00 Motion for relief from stay [RP]


E*TRADE BANK VS

DEBTOR


Docket 53


Tentative Ruling:

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.

Party Information

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

2:16-22072


Alec Anthony Bauer and Angelica Bauer


Chapter 13


#10.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 40

*** VACATED *** REASON: O/E 5-17-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:16-22084


Beatriz Raya


Chapter 13


#11.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NATIONAL ASSOCIATION VS

DEBTOR


Docket 32


Tentative Ruling:

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.


Party Information

Debtor(s):

Beatriz Raya Represented By

Nicholas M Wajda

10:00 AM

CONT...

Movant(s):


Beatriz Raya


Chapter 13

Wells Fargo Bank, National Represented By Sean C Ferry

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-15513


Armando Ramos, Jr. and Yvette Ramos


Chapter 13


#12.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 44


Tentative Ruling:

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.


Party Information

Debtor(s):

Armando Ramos Jr. Represented By Scott Kosner

10:00 AM

CONT...


Armando Ramos, Jr. and Yvette Ramos


Chapter 13

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

2:17-21996


Leon Massoth


Chapter 13


#13.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 41

*** VACATED *** REASON: O/E 5-8-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-22718


Marcus Cameron Clark


Chapter 13


#14.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 36


Tentative Ruling:

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.



Party Information

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

2:17-24540


Wendell I. Ewing


Chapter 13


#15.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 24


Tentative Ruling:

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.

Party Information

Debtor(s):

Wendell I. Ewing Represented By Steven B Lever

10:00 AM

CONT...

Movant(s):


Wendell I. Ewing


Chapter 13

U.S. Bank National Association Represented By Christina J O

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-25254


Alfredo Espinoza


Chapter 13


#16.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 26


Tentative Ruling:

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

CONT...


Alfredo Espinoza


Chapter 13

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.

Party Information

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

2:18-10166


Alfredo Gonzalez


Chapter 13


#17.00 Motion for relief from stay [RP]


WELLS FARGO BANK VS

DEBTOR


Docket 21


Tentative Ruling:

None.

Party Information

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

2:18-14046


Donald Scott


Chapter 13


#18.00 Motion for relief from stay [RP]


WELS FARGO BANK VS

DEBTOR


Docket 11


Tentative Ruling:

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

CONT...


Donald Scott


Chapter 13

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.

Party Information

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

2:18-14415


Leonel Arechiga


Chapter 13


#19.00 Motion for relief from stay [RP]


HOMESTREET BANK VS

DEBTOR


Docket 8


Tentative Ruling:

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

CONT...


Leonel Arechiga


Chapter 13

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.

Party Information

Leonel Arechiga Pro Se

Movant(s):

Homestreet Bank Represented By

Erin M McCartney

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-11173


Jose Blanco


Chapter 13


#20.00 Motion for relief from stay


LETICIA SANCHEZ VS

DEBTOR


Docket 42


Tentative Ruling:

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.

Party Information

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

2:18-13426


Samantha A Sanders


Chapter 13


#21.00 Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11 U.S.C.

362(c)(4)(A)(ii)


NEAL AND SALLY COHEN VS

DEBTOR


Docket 18

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/16/18

Tentative Ruling:

Party Information

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

2:18-10366


Juliet Cira Revis


Chapter 7


#22.00 Motion for relief from stay [PP]


NISSAN-INFINITI LT VS

DEBTOR


Docket 28


Tentative Ruling:

No opposition was filed.


The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (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.


    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

    CONT...


    Debtor(s):


    Juliet Cira Revis


    Party Information


    Chapter 7

    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

    2:18-13164


    Andie V. Bonifacio


    Chapter 7


    #23.00 Motion for relief from stay [PP]


    HONDA LEASE TRUST VS

    DEBTOR


    Docket 10


    Tentative Ruling:

    None.

    Party Information

    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

    2:18-11326


    Vigen Kachikean


    Chapter 7


    #24.00 Motion for relief from stay [RP]


    DEUTSCHE BANK NATIONAL TRUST COMPANY

    VS DEBTOR


    Docket 26

    *** VACATED *** REASON: O/E 5/2/18 CASE DISMISSED

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    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

    2:17-12867


    Marco Antonio Garcia


    Chapter 7

    Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al


    #1.00 Status Conference re Complaint for declaratory relief

    Clerk Has Entered Default Against Defendant(s) Jose Gomez Clerk Has Entered Default Against Defendant(s) Eco Modular, Inc


    fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18; 2-13-18; 3-27-18


    Docket 1


    Tentative Ruling:

    None.

    Party Information

    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

    CONT...

    Trustee(s):


    Marco Antonio Garcia


    Chapter 7

    Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim

    2:00 PM

    2:17-15112


    Devin R. Dyson


    Chapter 7

    Adv#: 2:17-01383 AFC CAL, LLC v. Dyson


    #2.00 Pretrial Conference re Complaint to determine dischargeability of debt


    fr. 10-10-17; 11-28-17; 4-10-18


    Docket 1


    Tentative Ruling:

    None.

    Party Information

    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

    2:17-13634


    Baldwin Park Congregate Home, Inc.

    Telephonic Hearing


    Chapter 11

    #1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon;


    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


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #2.00 Third Amended Disclosure Statement describing Chapter 11 Plan of Reorganization


    fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18; 4-9-18

    5-14-18


    Docket 148


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    Movant(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #3.00 Motion for Order Authorizing Use of Cash Collateral


    fr. 11-16-17,12-7-17; 2-15-18; 3-5-18; 4-9-18; 5-14-18


    Docket 211


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #4.00 Motion To Estimate Claim (Claim No. 13)

    West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18; 4-9-18; 5-14-18

    Docket 291


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #5.00 Hrg re Motion for order Disallowing Claim of West Edge Halo, Inc. [Proof of Claim No. 13]


    FR 12-14-17; 2-1-18; 2-15-18; 3-5-18; 4-9-18; 5-14-18


    Docket 210


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    Movant(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #6.00 Motion to Disallow Claims Martinson fr 3-5-18; 4-9-18; 5-14-18

    Docket 321


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #7.00 Motion To Estimate Claim (Claim No. 9) fr 2-15-18; 3-5-18; 4-9-18; 5-14-18

    Docket 289


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #8.00 Motion to Disallow Claims (Salceda) fr 3-5-18; 4-9-18; 5-14-18

    Docket 320


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #9.00 Motion To Estimate Claim (Claim No. 14) fr 2-15-18; 3-5-18; 4-9-18; 5-14-18

    Docket 290


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #10.00 Motion to Disallow Claims filed by Hung Nguyen fr. 4-12-18; 5-14-18

    Docket 340


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #11.00 Motion to Disallow Claims filed by SNP Pharmacy, Inc. fr. 4-12-18; 5-14-18

    Docket 337


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #12.00 Motion to Disallow Claims filed by Anthony Au fr. 4-12-18; 5-14-18

    Docket 339


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #13.00 Motion to Disallow Claims filed by Cuong Do fr. 4-12-18; 5-14-18

    Docket 341


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes Luis A Solorzano

    10:00 AM

    2:17-13634


    Baldwin Park Congregate Home, Inc.


    Chapter 11


    #14.00 Scheduling and Case Management Conference in a Chapter 11 Case


    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


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Baldwin Park Congregate Home, Represented By

    Giovanni Orantes

    9:30 AM

    2:17-25296


    Meinardo Garcia Cruz


    Chapter 7


    #1.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation


    Docket 32


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Meinardo Garcia Cruz Represented By

    Lisa F Collins-Williams

    Trustee(s):

    Elissa Miller (TR) Pro Se

    9:30 AM

    2:17-25409


    Jose C Aguirre, Jr


    Chapter 7


    #2.00 Reaffirmation Agreement Between Debtor and Hyundai Motor Finance


    Docket 18


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose C Aguirre Jr Pro Se

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:17-25409


    Jose C Aguirre, Jr


    Chapter 7


    #3.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 15


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose C Aguirre Jr Pro Se

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:17-25455


    Jose Angel Murillo-Castro and Jessica Villanueva


    Chapter 7


    #4.00 Reaffirmation Agreement Between Debtor and Hyundai Capital America DBA Kia Motors Finance


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose Angel Murillo-Castro Pro Se

    Joint Debtor(s):

    Jessica Villanueva Pro Se

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:17-25471


    Alex Florendo San Antonio and Liza Mendez San Antonio


    Chapter 7


    #5.00 Reaffirmation Agreement Between Debtor and OneMain Financial Services, Inc.


    Docket 17


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:17-25558


    Richard Barry Kalter


    Chapter 7


    #6.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.


    Docket 17


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Richard Barry Kalter Represented By Louis J Esbin

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:17-25558


    Richard Barry Kalter


    Chapter 7


    #7.00 Reaffirmation Agreement Between Debtor and BMW Financial Services NA, LLC


    Docket 20


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Richard Barry Kalter Represented By Louis J Esbin

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:17-25639


    Douglas Lawrance DeCoster and Elsa Diane DeCoster


    Chapter 7


    #8.00 Reaffirmation Agreement Between Debtor and Apollo Auto Finance


    Docket 36


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:17-25663


    Shana Lynn Yao


    Chapter 7


    #9.00 Reaffirmation Agreement Between Debtor and VW Credit Inc


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Shana Lynn Yao Pro Se

    Trustee(s):

    Jason M Rund (TR) Pro Se

    9:30 AM

    2:17-25722


    Joseph Aurelio Duran


    Chapter 7


    #10.00 Reaffirmation Agreement Between Debtor and OneMain Financial Services


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Joseph Aurelio Duran Represented By Michael E Clark

    Trustee(s):

    Timothy Yoo (TR) Pro Se

    9:30 AM

    2:18-10080


    Najaf Nick Badirov


    Chapter 7


    #11.00 Reaffirmation Agreement Between Debtor and Daimler Trust


    Docket 15


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Najaf Nick Badirov Represented By Elena Steers

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-10167


    Rene Rodriguez and Araceli Ortega


    Chapter 7


    #12.00 Reaffirmation Agreement Between Debtor and Dona Roberto Jewelers Inc


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-10176


    Victor Miguel Fajardo


    Chapter 7


    #13.00 Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Victor Miguel Fajardo Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-10184


    Samuel Alejandro Cubas Varela and Fatima Cecilia Cubas


    Chapter 7


    #14.00 Reaffirmation Agreement Between Debtor and TD Retail Card Services/Robbins Bros.


    Docket 28


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-10188


    Karla B Cruz


    Chapter 7


    #15.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Karla B Cruz Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-10232


    Roberto Sanchez


    Chapter 7


    #16.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of CapitalOne, N.A.


    Docket 14


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Roberto Sanchez Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Peter J Mastan (TR) Pro Se

    9:30 AM

    2:18-10408


    Christina Marie Uzeta


    Chapter 7


    #17.00 Reaffirmation Agreement Between Debtor and OneMain Financial Services


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Christina Marie Uzeta Represented By Heather J Canning

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:18-10508


    Jackeline Rocha


    Chapter 7


    #18.00 Reaffirmation Agreement Between Debtor and

    State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jackeline Rocha Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Brad D Krasnoff (TR) Pro Se

    9:30 AM

    2:18-10508


    Jackeline Rocha


    Chapter 7


    #19.00 Reaffirmation Agreement Between Debtor and American Honda Finance Corporation


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jackeline Rocha Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Brad D Krasnoff (TR) Pro Se

    9:30 AM

    2:18-10668


    Jorge Mario Duarte


    Chapter 7


    #20.00 Reaffirmation Agreement Between Debtor and Ally Bank


    Docket 14


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jorge Mario Duarte Pro Se

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-10715


    Elizabeth Elena Macias


    Chapter 7


    #21.00 Reaffirmation Agreement Between Debtor and Wells Fargo Bank N.A. d/b/a Wells Fargo Dealer Services


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Elizabeth Elena Macias Represented By Michael E Clark

    Trustee(s):

    Wesley H Avery (TR) Pro Se

    9:30 AM

    2:18-10787


    Jorge Leonel Sanchez


    Chapter 7


    #22.00 Reaffirmation Agreement Between Debtor and Snap-on Credit LLC


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jorge Leonel Sanchez Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-10787


    Jorge Leonel Sanchez


    Chapter 7


    #23.00 Reaffirmation Agreement Between Debtor and American Honda Finance Corporation


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jorge Leonel Sanchez Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-10922


    Katia M Pena


    Chapter 7


    #24.00 Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2015 Ford Edge)


    Docket 14


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Katia M Pena Pro Se

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-10942


    Thelma Taleana Lee


    Chapter 7


    #25.00 Reaffirmation Agreement Between Debtor and Consumer Portfolio Services


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Thelma Taleana Lee Pro Se

    Trustee(s):

    Carolyn A Dye (TR) Pro Se

    9:30 AM

    2:18-11215


    Martha Perez Sanchez


    Chapter 7


    #26.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Martha Perez Sanchez Represented By Omar Zambrano

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:18-11286


    Daniel Romero


    Chapter 7


    #27.00 Reaffirmation Agreement Between Debtor and Wells Fargo Bank


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Daniel Romero Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    John J Menchaca (TR) Pro Se

    9:30 AM

    2:18-11473


    Chandra Lee Ann David


    Chapter 7


    #28.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Chandra Lee Ann David Represented By Julie J Villalobos

    Trustee(s):

    Heide Kurtz (TR) Pro Se

    9:30 AM

    2:18-11473


    Chandra Lee Ann David


    Chapter 7


    #29.00 Reaffirmation Agreement Between Debtor and Wells Fargo Bank, N.A.


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Chandra Lee Ann David Represented By Julie J Villalobos

    Trustee(s):

    Heide Kurtz (TR) Pro Se

    9:30 AM

    2:18-11528


    Lourdes Bazavilvazo


    Chapter 7


    #30.00 Reaffirmation Agreement Between Debtor and Nissan-Infiniti LT


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Lourdes Bazavilvazo Represented By Omar Zambrano

    Trustee(s):

    Elissa Miller (TR) Pro Se

    9:30 AM

    2:18-11548


    Ana M Lemus


    Chapter 7


    #31.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ana M Lemus Pro Se

    Trustee(s):

    Elissa Miller (TR) Pro Se

    9:30 AM

    2:18-11561


    Arnulfo R Berlin and Maria Del Carmen Berlin


    Chapter 7


    #32.00 Reaffirmation Agreement Between Debtor and Ally Bank


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-11672


    Dean Edward Simons


    Chapter 7


    #33.00 Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Dean Edward Simons Represented By Bert Briones

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-11712


    Ben Ian Bonilla


    Chapter 7


    #34.00 Reaffirmation Agreement Between Debtor and Repossess Auto Sales


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ben Ian Bonilla Pro Se

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-11728


    Erika Acuna Marasigan and Rolando Aguila Marasigan


    Chapter 7


    #35.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-11728


    Erika Acuna Marasigan and Rolando Aguila Marasigan


    Chapter 7


    #36.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 15


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-11735


    Donald Earl Engle


    Chapter 7


    #37.00 Reaffirmation Agreement Between Debtor and BMW Financial Services NA, LLC


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Earl Engle Represented By Nancy Hanna

    Trustee(s):

    Brad D Krasnoff (TR) Pro Se

    9:30 AM

    2:18-11787


    Laura E. Gonzalez


    Chapter 7


    #38.00 Reaffirmation Agreement Between Debtor and Ally Financial


    Docket 11


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Laura E. Gonzalez Represented By Beatriz Chen

    Trustee(s):

    Timothy Yoo (TR) Pro Se

    9:30 AM

    2:18-11797


    Sonia E Parada


    Chapter 7


    #39.00 Reaffirmation Agreement Between Debtor and Huyndai Capital America DBA Kia Motors Finance


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Sonia E Parada Represented By

    Carlos A Delgado Ibarcena

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-11882


    William Ashby


    Chapter 7


    #40.00 Reaffirmation Agreement Between Debtor and Hyundai Motor Finance


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    William Ashby Represented By Julie J Villalobos

    Trustee(s):

    Howard M Ehrenberg (TR) Pro Se

    9:30 AM

    2:18-11947


    Christy Chi Nguyen Collins


    Chapter 7


    #41.00 Reaffirmation Agreement Between Debtor and LBS Financial Credit Union


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Christy Chi Nguyen Collins Pro Se

    Trustee(s):

    Timothy Yoo (TR) Pro Se

    9:30 AM

    2:18-12012


    Sandra Taylor


    Chapter 7


    #42.00 Reaffirmation Agreement Between Debtor and BMW Bank of North America


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Sandra Taylor Pro Se

    Trustee(s):

    Carolyn A Dye (TR) Pro Se

    9:30 AM

    2:18-12088


    Amanda C Cashmar


    Chapter 7


    #43.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Amanda C Cashmar Pro Se

    Trustee(s):

    David M Goodrich (TR) Pro Se

    9:30 AM

    2:18-12183


    Larry Paul Lewis


    Chapter 7


    #44.00 Reaffirmation Agreement Between Debtor and Ten Minute Title Loans Holdings, LLC


    Docket 16


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Larry Paul Lewis Pro Se

    Trustee(s):

    Peter J Mastan (TR) Pro Se

    9:30 AM

    2:18-12262


    Mark Anthony Thompson


    Chapter 7


    #45.00 Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mark Anthony Thompson Represented By Heather J Canning

    Trustee(s):

    David M Goodrich (TR) Pro Se

    9:30 AM

    2:18-12276


    Carlos A. Lopez Paniagua


    Chapter 7


    #46.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation

    (2016 Toyota Corolla)


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Carlos A. Lopez Paniagua Represented By Jennifer Ann Aragon

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:18-12276


    Carlos A. Lopez Paniagua


    Chapter 7


    #47.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation

    (2016 Toyota Camry)


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Carlos A. Lopez Paniagua Represented By Jennifer Ann Aragon

    Trustee(s):

    Rosendo Gonzalez (TR) Pro Se

    9:30 AM

    2:18-12320


    Yvonne Alvarez


    Chapter 7


    #48.00 Reaffirmation Agreement Between Debtor and OneMain Financial Services


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Yvonne Alvarez Pro Se

    Trustee(s):

    Peter J Mastan (TR) Pro Se

    9:30 AM

    2:18-12430


    Pedro Gamboa Banuelos


    Chapter 7


    #49.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


    Docket 28


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Pedro Gamboa Banuelos Represented By Christopher J Lauria

    Trustee(s):

    Brad D Krasnoff (TR) Pro Se

    9:30 AM

    2:18-12473


    Luisa Delgado


    Chapter 7


    #50.00 Reaffirmation Agreement Between Debtor and Ally Financial


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Luisa Delgado Represented By Nicholas W Gebelt

    Trustee(s):

    Edward M Wolkowitz (TR) Pro Se

    9:30 AM

    2:18-12505


    Sandra Infante Lira


    Chapter 7


    #51.00 Reaffirmation Agreement Between Debtor and

    Ford Motor Credit Company LLC (2017 Ford Mustang)


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Sandra Infante Lira Represented By Omar Zambrano

    Trustee(s):

    Timothy Yoo (TR) Pro Se

    9:30 AM

    2:18-12644


    Alma Delia Torres


    Chapter 7


    #52.00 Reaffirmation Agreement Between Debtor and American Honda Finance Corporation


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Alma Delia Torres Represented By Nicholas W Gebelt

    Trustee(s):

    Edward M Wolkowitz (TR) Pro Se

    9:30 AM

    2:18-12694


    Henry Pete Amaya, Jr. and Magdalena Lopez


    Chapter 7


    #53.00 Reaffirmation Agreement Between Debtor and Daimler Trust


    Docket 16


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    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

    2:18-12992


    Griselda Mejia


    Chapter 7


    #54.00 Reaffirmation Agreement Between Debtor and TD Auto Finance LLC (2016 Chevrolet Tahoe)


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Griselda Mejia Represented By Lauren M Foley

    Trustee(s):

    David M Goodrich (TR) Pro Se

    9:30 AM

    2:18-13284


    Angeles Japuni Alora, Jr.


    Chapter 7


    #55.00 Reaffirmation Agreement Between Debtor and CarMax Auto Finance


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Angeles Japuni Alora Jr. Represented By Philomena N Nzegge

    Trustee(s):

    Peter J Mastan (TR) Pro Se

    9:30 AM

    2:18-13625


    Michael Anthony Daves


    Chapter 7


    #56.00 Reaffirmation Agreement Between Debtor and CIG Finanical , LLC


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Michael Anthony Daves Represented By Peter M Lively

    Trustee(s):

    John J Menchaca (TR) Pro Se

    9:30 AM

    2:18-13736


    Oscar Guerrero


    Chapter 7


    #57.00 Reaffirmation Agreement Between Debtor

    and Hyundai Capital america dba Kia Motors Finance


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Oscar Guerrero Pro Se

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    9:30 AM

    2:18-13837


    KaCoyia M Friend


    Chapter 7


    #58.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    KaCoyia M Friend Pro Se

    Trustee(s):

    Heide Kurtz (TR) Pro Se

    9:30 AM

    2:18-13883


    Jin Do Hong


    Chapter 7


    #59.00 Reaffirmation Agreement Between Debtor and Gateway One Lending & Finance


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jin Do Hong Pro Se

    Trustee(s):

    Elissa Miller (TR) Pro Se

    2:00 PM

    2:18-15972


    Playhut, Inc.


    Chapter 11


    #1.00 Debtors Emergency Motion For Order Approving:


    1. Use Of Alleged Cash Collateral Of Preferred Bank;

    2. Payment Of Pre-Petition Employee Benefits;

    3. Establishment Of Adequate Assurance Payments With Respect To Utilities;

    4. Maintaining Pre-Petition Bank Accounts For 30 Days;

    5. Maintaining Pre-Petition Merchant Accounts For 60 Days;

    6. Payment Of Certain Pre-Petition Critical Vendor Claims;

    7. Limiting Notice Of Certain Matters Requiring Notice Pursuant To FRBP 2002 And 9007;

    8. Extending The Time In Which To File Schedules, Statements And Lists Pursuant To FRBP 1007(C)


Docket 2


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:10-38287


James A Baltutis


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18

fr 3-28-18


Docket 78


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James A Baltutis Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-12504


Sherry L Dana


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18

fr 3-28-18


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sherry L Dana Represented By Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-41055


Francisco Estrada and Nariza Naval-Estrada


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18

fr 3-28-18


Docket 87


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-49245


Onofre Anguiano, Jr. and Maria J Anguiano


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18

fr 3-28-18


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:11-59086


Marietta Soltis Asumbrado


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 2-28-18

fr 4-18-18


Docket 70


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marietta Soltis Asumbrado Represented By Mariano A Alvarez

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-60478


Monique M. Adams


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18

fr 3-28-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monique M. Adams Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-27244


Aleck Evan Syms


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17


Stipulation to continue hearing filed 3/20/18

fr 3-28-18


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Aleck Evan Syms Represented By

Richard A Brownstein

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-34321


Vincent E Aniwanou


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 1-31-18

fr 3-28-18


Docket 100


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vincent E Aniwanou Represented By Philomena N Nzegge

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-47735


Lilia Velasco


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 3-28-18


Docket 101


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lilia Velasco Represented By

Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-31591


Franklin Hernan Gonzalez


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17; 11-15-17

fr 3-28-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Franklin Hernan Gonzalez Represented By Michael Y Lo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-32108


Mara Victoria Baygulova


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 4-18-18


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mara Victoria Baygulova Represented By Ali R Nader

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-32309


Alvaro Trujillo


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 9-20-17; 11-15-17; 1-31-18

fr 3-28-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alvaro Trujillo Represented By Shakeal Masoud

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-14689


Doris Mae Tinson


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18

fr 4-18-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Doris Mae Tinson Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-16234


Laura Bash


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 3-28-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Laura Bash Represented By

Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-25632


Elliott Van Buren Thomas and Barbara Jo Thomas


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 9-20-17; 11-15-17; 1-31-18

fr 3-28-18


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-26325


Grady J Dagnan, Jr. and Karen L Dagnan


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision.


fr 3-28-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-26984


Edwina Harris


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default

fr 3-28-18


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edwina Harris Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-27994


Rudy Lopez, Sr. and Andrea Lopez


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-10882


Roberto Garcia and Lilia Arechiga Garcia


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 11-15-17; 1-31-18

fr 3-28-18


Docket 69

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/21/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:16-14148


Josephine Hermilia Saldana


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 1-31-18

fr 3-28-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Josephine Hermilia Saldana Represented By Heather J Canning Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-15472


Kevin James Fiege and Caroline Ancheta Fiege


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18

fr 3-28-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-15951


James Harold Finch and Ruth Marie Freedman-Finch


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Due to a Material Default

fr 3-28-18


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-18122


Betsy Yun-Yuan Wang


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr 2-14-18

fr 3-28-18


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Betsy Yun-Yuan Wang Represented By Paul Horn

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-19648


Nellie Jefferson


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18

fr 3-28-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nellie Jefferson Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20048


Carolyn Denise Echols


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to a Material Default

fr 3-28-18


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carolyn Denise Echols Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20690


Gina Maria Dapremont

Telephonic Hearing


Chapter 13

#26.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Kristi Wells to appear by telephone

fr 3-28-18


Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gina Maria Dapremont Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-21075


Benjie L Knox


Chapter 13


#27.00 Trustee's Motion to Dismiss or Convert Chapter 13 Case Due to a Material Default


fr. 9-6-17, 11-15-17; 1-31-18

fr 3-28-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Benjie L Knox Represented By Sunita N Sood

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-21806


Angela Michelle Brown Clinton


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 1-31-18

fr 3-28-18


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23437


Rodolfo L Lomeli


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17; 2-14-18

fr 3-28-18


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rodolfo L Lomeli Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23584


Kimberly LaTreese Dunham


Chapter 13


#30.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18

fr 3-28-18


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kimberly LaTreese Dunham Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23687


Georgina Olaya Calleros


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments

fr 3-28-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Georgina Olaya Calleros Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24263


Byron H. Knight and Lakesha M. Knight


Chapter 13


#32.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments.


fr. 1-31-18

fr 3-28-18


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-24621


Norberto Diaz, Jr.


Chapter 13


#33.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-31-18

fr 3-28-18


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Norberto Diaz Jr. Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-17484


Lisa Virgene McGeo


Chapter 13


#34.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 3-28-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lisa Virgene McGeo Represented By

David Samuel Shevitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-37724


Lynette Marie Baker


Chapter 13


#34.10 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 3-7-18; 5-16-18


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lynette Marie Baker Represented By Axel H Richter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-17406


Tomi Corinne Stewart


Chapter 13


#35.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/No Hearing Required. (Curry (TR), Nancy)


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tomi Corinne Stewart Represented By Michael F Chekian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-17002


Enrique Cruz and Rosa Maria Hernandez


Chapter 13


#36.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 61


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-19891


Teresa Jones


Chapter 13


#37.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Teresa Jones Represented By

Eva M Hollands

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20793


Raul Adrian Burgueno Gutierrez


Chapter 13


#38.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raul Adrian Burgueno Gutierrez Represented By

Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21321


Linda C Sanchez


Chapter 13


#39.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Linda C Sanchez Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-29072


Joyce M Chapman-Simpson


Chapter 13


#40.00 Motion to modify plan or suspend plan payments fr 3-28-18

Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joyce M Chapman-Simpson Represented By Vernon R Yancy

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-35416


Ca-Trece Roxanne Mas'sey

Telephonic Hearing


Chapter 13

#41.00 Motion to Determine Whether Debtor Has Paid All Required Post-Petition Amounts And, If Not, The Amount Actually Owed


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


Tentative Ruling:

None.

Party Information

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

2:17-24769


Ramona Cameille Olmedo


Chapter 13


#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

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/13/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramona Cameille Olmedo Represented By Heather J Canning

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-17444


Jorge Oswaldo Obregon


Chapter 13


#43.00 Application for Compensation for Claudia L Phillips, Debtor's Attorney


Docket 205


Tentative Ruling:

None.

Party Information

Debtor(s):

Jorge Oswaldo Obregon Represented By Susan Salehi Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19581


Teresita Requillas Orcini


Chapter 13


#43.10 Motion to modify plan or suspend plan payments fr 5-16-18

Docket 28

*** VACATED *** REASON: O/E 5-23-18 GRANTING MOTION

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Teresita Requillas Orcini Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-23188


Emmanuel Vargas


Chapter 13


#44.00 Motion to vacate dismissal


Docket 26


Tentative Ruling:

None.

Party Information

Debtor(s):

Emmanuel Vargas Represented By Peter L Lago

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12547


Sheila R Davis


Chapter 13


#45.00 ORDER to show cause re dismissal for failure to comply with rule 1006(B) -installments


Docket 29


Tentative Ruling:

None.

Party Information

Debtor(s):

Sheila R Davis Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21003


Saul Alvarado and Alicia Alvarado


Chapter 13


#46.00 Motion RE: Objection to Claim Number 1 by Claimant IRS.


Docket 33


Tentative Ruling:

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.

Party Information

Debtor(s):

Saul Alvarado Represented By

Rene Lopez De Arenosa Jr

1:30 PM

CONT...


Saul Alvarado and Alicia Alvarado


Chapter 13

Joint Debtor(s):

Alicia Alvarado Represented By

Rene Lopez De Arenosa Jr

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21425


Arcelia Gonzalez


Chapter 13


#47.00 Objection to Debtor's Claim of Exemption


Docket 37


Tentative Ruling:

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.

Party Information

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

2:17-25446


Deborah Sandi Stein


Chapter 13


#48.00 Motion RE: Objection to Claim Number 2 by Claimant National Credit Adjusters, LLC.


Docket 53

Tentative Ruling:

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.

Party Information

Deborah Sandi Stein Represented By William Huestis

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-19710


Jesus R Valdez


Chapter 13


#49.00 First Objection to Claim #8 by Claimant US BANK NATIONAL ASSOCIATION. in the amount of $ 237,796.46


Docket 121


Tentative Ruling:

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.

Party Information

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

2:13-19710


Jesus R Valdez


Chapter 13


#50.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 3-28-18


Docket 114

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/22/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus R Valdez Represented By Michael Poole

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-17179


Anthony Ginnane


Chapter 13


#51.00 Objection to Claim #5 by Claimant BMO Harris Bank NA. in the amount of $ 25400.19


Docket 42


Tentative Ruling:

None.

Party Information

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

2:17-17179


Anthony Ginnane


Chapter 13


#52.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 4-11-18


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony Ginnane Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#53.00 Motion to avoid junior lien on principal residence with Wells Fargo Bank


fr 1-31-18; 3-28-18


Stipulation to continue lodged 5/29/18


Docket 60


Tentative Ruling:

None.

Party Information

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

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#54.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 3-28-18


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:18-13504


Andres Matias


Chapter 13


#55.00 Motion for Setting Property Value


Re: 426 West 81st Street, Los Angeles, CA 90003


Docket 15


Tentative Ruling:

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.

Party Information

Debtor(s):

Andres Matias Represented By Lionel E Giron

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24060


Robert Russel, Jr.


Chapter 13


#56.00 Motion to avoid junior lien on principal residence with HomeComings Financial Services by Specialized Loan Servicing.


fr 3-28-18


Docket 23

*** VACATED *** REASON: CASE DISMISSED 5/16/18

Tentative Ruling:

Party Information

Debtor(s):

Robert Russel Jr. Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24060

Robert Russel, Jr.

Chapter 13

#57.00 Motion to avoid junior lien on principal residence with The Macedo Family Trust

fr. 3-28-18


Docket 25

*** VACATED *** REASON: CASE DISMISSED 5/16/18

Tentative Ruling:


Party Information

Debtor(s):

Robert Russel Jr. Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24060


Robert Russel, Jr.


Chapter 13


#58.00 Hearing Re: Confirmation of Ch. 13 Plan fr 3-28-18

Docket 0

*** VACATED *** REASON: CASE DISMISSED 5/16/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Russel Jr. Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11052


Joseph Hoats


Chapter 13


#59.00 Motion to Compel Responses by Debtor to Creditor's Request For Production of Documents


David B Lally to appear by telephone


Docket 37


Tentative Ruling:

None.

Party Information

Debtor(s):

Joseph Hoats Represented By

Joseph M Hoats

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11052


Joseph Hoats


Chapter 13


#60.00 Objection to Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67


Docket 35


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13


#61.00 Objection to Claim #11 by Claimant PBR Sales, LLC c/o Stephen Andrew Florek, III. in the amount of

$ 1,210,000


Docket 36


Tentative Ruling:

None.

Party Information

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

2:14-20620


Jorge Gomez and Lorenza Gomez


Chapter 13


#62.00 EVIDENTIARY HEARING RE Motion to Avoid

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

*** VACATED *** REASON: O/E 3-30-18 APPROVING STIP AFFIRMING LIEN OF ROSEMEAD PLACE

Tentative Ruling:

Party Information

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

2:18-10614

Julio Cesar Navas

Chapter 13

#63.00 Hearing Re: Confirmation of Ch. 13 Plan fr 3-28-18

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Julio Cesar Navas Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24972


Marvell Lenox Tell, Jr.


Chapter 13


#64.00 Motion to dismiss case pursuant to 11 USC § 1307 and 11 USC § 109 (g)


fr. 5-16-18


Docket 44


Tentative Ruling:

None.

Party Information

Debtor(s):

Marvell Lenox Tell Jr. Represented By Roseann Frazee

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#65.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 3-7-18; 4-11-18, 5-16-18


Docket 50


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#66.00 Motion to Dismiss Case with Bar fr 4-11-18, 5-16-18

Docket 66


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#67.00 Motion to Disallow Claims of Elmer Sandoval [Claim No. 4]


fr 4-11-18, 5-16-18


Docket 55


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#68.00 Motion to Disallow Claims of Nora Zelaya [Proof of Claim No. 5]


fr 4-11-18, 5-16-18


Docket 58


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#69.00 Motion to Disallow Claims of Carlos Gama [Proof of Claim No. 6]


fr 4-11-18, 5-16-18


Docket 57


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#70.00 Motion to Disallow Claims of Inma R. Figueroa [Proof of Claim No. 7]


fr 4-11-18, 5-16-18


Docket 56


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-21249


Maria C. Gonzalez


Chapter 13


#71.00 Motion to Disallow Claims filed by Joel Navarro (Proof of Claim No. 8)


fr. 5-16-18


Docket 93


Tentative Ruling:

None.

Party Information

Debtor(s):

Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21174


Andrew Babakhanlou


Chapter 13


#72.00 Motion for relief from stay [NA]


VREJ ISAGHOULIAN VS

DEBTOR


Docket 51


Tentative Ruling:

None.

Party Information

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

2:17-21174


Andrew Babakhanlou


Chapter 13


#73.00 Motion for authority to sell or refinance real property under LBR 3015-1


Docket 47


Tentative Ruling:

None.

Party Information

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

2:17-16944


Scott Thomas Edwards


Chapter 7


#1.00 Motion for extension of time to file a complaint objecting to discharge under 11 U.S.C. Sec. 727 and/or Motion to Dismiss under Section 707


Docket 65

Tentative Ruling:

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.

Party Information

Debtor(s):

Scott Thomas Edwards Represented By Mark T Young

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:17-16215

Lilia Nuno

Chapter 11

#2.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon

Docket 105


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

10:00 AM

2:17-11076


Bernice Morales


Chapter 11


#3.00 Final Fee Application For Compensation For Legal Services Rendered And Reimbursement

Of Expenses On Behalf Of A.O.E. Law & Associates For Debtor In Possession


Docket 141


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#4.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 79


Tentative Ruling:

None.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#5.00 Application to Employ Phillip Myer as Attorney


Docket 48


Tentative Ruling:

None.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:16-21633


Alverna Stanley


Chapter 11


#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-17; 5-3-18


Docket 54


Tentative Ruling:

Debtor should be prepared to explain why she failed to file a status report in advance of this scheduling and case management conference.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#7.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(2) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 53


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#8.00 Motion To Hire Auctioneer and Sell Property by Auction


fr 5-3-18


Docket 46


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#9.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18; 5-3-18


Docket 11


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#10.00 Motion For Order Determining Value Of Collateral [Per 11 U.S.C. § 506(a), FRBP 3012]


Docket 98


Tentative Ruling:

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

CONT...


Winston O'Mally


Chapter 11


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.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#11.00 Application for Compensation for Giovanni Orantes, Debtor's Attorney


fr. 4/5/18


Docket 335

*** VACATED *** REASON: O/E 5-24-18 GRANTING APPLICATION

Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#12.00 Application for Compensation for Eddie Rodriguez,

Accountant fr. 5-10-18

Docket 391


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#13.00 Motion For Sale of Property of the Estate under Section 363(b) -


Docket 37


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18


Docket 4


Tentative Ruling:

Debtor should be prepared to explain its failure to file a status report in advance of the scheduling and case management conference.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#15.00 Order to Show Cause Re Sanctions


Docket 196


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#16.00 Application for Compensation for Ian Landsberg,

Debtor's Attorney fr 3-29-18,5-3-18

Docket 193


Tentative Ruling:

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.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#17.00 Post Confirmation Status Conference


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

Movant(s):

Philip L. Marchiondo Represented By Ian Landsberg

2:00 PM

2:18-12968


Rachid Rhellou


Chapter 7


#1.00 ORDER to show cause re dismissal for failure to comply with rule 1006(B) -installments


Docket 13


Tentative Ruling:

None.

Party Information

Debtor(s):

Rachid Rhellou Represented By Joseph Collier

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

2:00 PM

2:17-17640


Kaveh Roshan


Chapter 7


#2.00 Motion To Approve Sale Of Estate's Interest In Real Property Commonly Known As 8515

Falmouth Avenue, #420, Playa Del Rey, California, 90293


Docket 86


Tentative Ruling:

None.

Party Information

Debtor(s):

Kaveh Roshan Represented By Lane K Bogard

Trustee(s):

Richard K Diamond (TR) Pro Se

2:00 PM

2:18-10049


Zamen BenAmor


Chapter 7


#3.00 Motion to Avoid Lien with Discover Bank 11 U.S.C. 522(f) and if applicable

for turnover of property (Personal Property)


Docket 10


Tentative Ruling:

None.

Party Information

Debtor(s):

Zamen BenAmor Pro Se

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:18-15056


Gary Roberts


Chapter 13


#1.00 Motion for relief from stay [UD]


VERMONT AVENUE FEE OWNER LLC VS

DEBTOR


Docket 10

*** VACATED *** REASON: O/E 5-21-18 CASE DISMISSED

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-15168


Juvernaldo Cordon Cruz


Chapter 13


#2.00 Motion for relief from stay [UD]


MORGAN PICKS TWO, LLC VS

DEBTOR


Docket 11


Tentative Ruling:

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

CONT...


Juvernaldo Cordon Cruz


Chapter 13

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.

Party Information

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

2:18-15413


Sua Tuimalealiifano


Chapter 13


#3.00 Motion for relief from stay [UD]


L BROTHERS INVESTMENT GROUP INC VS

DEBTOR


Docket 9

Tentative Ruling:

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.

Party Information

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

2:16-25572


Victor Rodriguez


Chapter 13


#4.00 Motion for relief from stay [PP]


ONE MAIN FINANCIAL SERVICES VS

DEBTOR


Docket 40


Tentative Ruling:

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.

Party Information

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

2:17-24152


Carol Bernice Porter


Chapter 13


#5.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK, NA VS

DEBTOR


Docket 19

*** VACATED *** REASON: CASE DISMISSED 5/25/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-10043


Teresa Lombera


Chapter 13


#6.00 Motion for relief from stay [PP]


FORD MOTOR CREDIT COMPANY LLC VS

DEBTOR


Docket 23


Tentative Ruling:

None.

Party Information

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

2:13-20369


Joaquin Salazar Salazar and Jennie Yurixy Salazar


Chapter 13


#7.00 Motion for relief from stay [RP]


SELENE FINANCE LP VS

DEBTOR


Docket 95

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 05/21/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-13933


Shelia Varrie-Gail Nelson-Griggs


Chapter 13


#8.00 Motion for relief from stay [RP]


GMAT LEGAL TITLE TRUST 2014-1 VS

DEBTOR fr. 5-1-18


Docket 32

*** VACATED *** REASON: O/E 5-25-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-20436


Armando Diaz


Chapter 13


#9.00 Motion for relief from stay [RP]


PNC BANK NATIONAL ASSOCIATION VS

DEBTOR fr. 5-1-18

Docket 29


Tentative Ruling:

None.

Party Information

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

2:17-24193


Mariana Brown


Chapter 13


#10.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


fr. 3-27-18; 5-1-18


Docket 41


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Mariana Brown


Chapter 13

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

2:18-10356


Edward L Franco


Chapter 13


#11.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr. 5-15-18


Docket 26

*** VACATED *** REASON: O/E 5-25-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:15-16762

Hector Manuel Cardenas and Silvia Cardenas

Chapter 13


#12.00 Motion for relief from stay [RP]


SPECIALIZED LOAN SERVICING LLC VS

DEBTOR


Stipulation to continue hearing filed 6/1/18


Docket 33


Tentative Ruling:

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.

Party Information

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

2:17-17179


Anthony Ginnane


Chapter 13


#13.00 Motion for relief from stay [RP]


WILMINGTON TRUST, NATIONAL ASSOCIATION VS

DEBTOR


Docket 44


Tentative Ruling:

None.

Party Information

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

2:18-11224


Malik Alim Akbar


Chapter 13


#14.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 19


Tentative Ruling:

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

CONT...


Malik Alim Akbar


Chapter 13

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.

Party Information

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

2:18-13598


Darren Searle


Chapter 13


#15.00 Motion for relief from stay [RP]


FEDERAL NATIONAL MORTGAGE ASSOCIATIO VS

DEBTOR


Docket 16

*** VACATED *** REASON: VOLUNTARY DISMISSALOF MOTION FILED 6/1/18

Tentative Ruling:

None.

Party Information

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

2:18-14658


Chan Hee Oh


Chapter 13


#16.00 Motion for relief from stay [RP]


EAST WEST BANK VS

DEBTOR


Case dismissed 5/14/18


Docket 11

Tentative Ruling:

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.

Party Information

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

2:18-14109


Johnnie Fields


Chapter 13


#17.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


fr. 5-10-18


Docket 12


Tentative Ruling:

None.

Party Information

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

2:18-15229


Clara Carmen Hernandez


Chapter 13


#18.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 12


Tentative Ruling:

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

CONT...


Clara Carmen Hernandez


Chapter 13

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.

Party Information

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

2:18-15326


Stephanie Saint Louis


Chapter 13


#19.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 6


Tentative Ruling:

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

CONT...


Stephanie Saint Louis


Chapter 13

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.

Party Information

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

2:17-17771


Victor Hugo Velasquez Martinez


Chapter 7


#20.00 Motion for relief from stay [PP]


SANTANSER CONSUMER USA, INC VS

DEBTOR


Docket 39


Tentative Ruling:

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

CONT...


Victor Hugo Velasquez Martinez

The 14-day stay of FRBP 4001(a)(3) is ordered waived due to


Chapter 7

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.

Party Information

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

2:17-18700


Palig Saghdejian


Chapter 7


#21.00 Motion for relief from stay [RP]


MARK D HAUPTMAN AND TAMAR ELIZABETH HAUPTMAN VS

DEBTOR


Docket 75


Tentative Ruling:

None.

Party Information

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

2:18-12743


Claudia Cortez


Chapter 7


#22.00 Motion for relief from stay [PP]


CAB WEST LLC VS

DEBTOR


Docket 12


Tentative Ruling:

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

CONT...


Claudia Cortez


Chapter 7

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.

Party Information

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

2:18-12933


Brian James Gutierrez


Chapter 7


#23.00 Motion for relief from stay [PP]


CONSUMER PORTFOLIO SERVICES, INC VS

DEBTOR


Docket 8


Tentative Ruling:

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

CONT...


Brian James Gutierrez

The 14-day stay of FRBP 4001(a)(3) is ordered waived due to


Chapter 7

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.

Party Information

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

2:17-16944


Scott Thomas Edwards


Chapter 7


#24.00 Motion for relief from stay [RP]


AUGUSTA FINANCIAL INC VS

DEBTOR


Docket 68


Tentative Ruling:

None.

Party Information

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

2:18-14684


Gina Marie Plant


Chapter 7


#25.00 Motion for relief from stay [RP]


THE EVERGREEN ADVANTAGE, LLC VS

DEBTOR


Docket 7


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Gina Marie Plant


Chapter 7

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

2:18-11592


Wajida Alhambra


Chapter 11


#26.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 4-10-18; 5-15-18


Docket 16


Tentative Ruling:

None.

Party Information

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

2:18-11592


Wajida Alhambra


Chapter 11


#27.00 Motion for relief from stay with supporting declarations REAL PROPERTY RE: 26743 Pueblo Vista Way, Moreno Valley, CA 92555 with Proof of Service. (Richey, Cassandra)


Docket 37


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Wajida Alhambra


Chapter 11

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

2:18-15163


Raul De Jesus and Rosa Ortega


Chapter 13


#28.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 12


Tentative Ruling:

None.

Party Information

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

2:18-10145


James Joseph Welker, II


Chapter 13

Adv#: 2:18-01092 Meier et al v. Welker, II


#1.00 Status Conference re Complaint for nondischargeability of debt


Docket 1


Tentative Ruling:

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.

Party Information

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

2:17-25759


Michael T Hong


Chapter 7

Adv#: 2:18-01093 Wike v. Hong


#2.00 Status Conference re Complaint to determine of debt


Docket 1


Tentative Ruling:

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.

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#3.00 Order to Show Cause re Dismissal fr. 5-15-18

Docket 0


Tentative Ruling:

None.

Party Information

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

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#4.00 Status Conference re Complaint objecting to discharge


fr. 4-17-18; 5-15-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-22108


Aram Shirikchyan


Chapter 7

Adv#: 2:18-01055 United States Trustee for the Central District of v. Shirikchyan


#5.00 Motion for Default Judgment Under LBR 7055-1


Docket 11


Tentative Ruling:

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.

Party Information

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

2:17-22108


Aram Shirikchyan


Chapter 7

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


Tentative Ruling:

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.

Party Information

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

2:17-15112


Devin R. Dyson


Chapter 7

Adv#: 2:17-01383 AFC CAL, LLC v. Dyson


#7.00 Order to Show Cause Re Sanctions


Docket 25


Tentative Ruling:

None.

Party Information

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

2:17-15112


Devin R. Dyson


Chapter 7

Adv#: 2:17-01383 AFC CAL, LLC v. Dyson


#7.10 Pretrial Conference re Complaint to determine dischargeability of debt


fr. 10-10-17; 11-28-17; 4-10-18; 5-22-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548 Mastan v. Biasiolo et al


#8.00 Motion for Default Judgment Under LBR 7055-1


Docket 18


Tentative Ruling:

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.

Party Information

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

CONT...


Carlo Bondanelli


Chapter 7

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548

Mastan v. Biasiolo et al

Telephonic Hearing

#9.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18, 3-6-18; 5-15-18


Docket 1


Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Carlo Bondanelli


Chapter 7

Peter J Mastan (TR) Represented By John P Reitman

Aleksandra Zimonjic

2:00 PM

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan


#10.00 Motion to Dismiss Third Claim for Relief in the Third Amended Complaint to Determine

Dischargeability of Debts and Deny Discharge for Failure to State a Claim Upon Which Relief May be Granted


Docket 33


Tentative Ruling:

None.

Party Information

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

2:17-17640


Kaveh Roshan


Chapter 7

Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan


#11.00 Status Conference re First Amended Complaint to determine dischargeability of debt and deny discharge


fr. 1-9-18, 1-16-18; 3-20-18; 3-27-18


Docket 1

Tentative Ruling:

None.

Party Information

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

2:17-19369


Winston O'Mally


Chapter 11


#1.00 First Amended Disclosure Statement


Docket 87


Tentative Ruling:

None.

Party Information

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

2:17-19369


Winston O'Mally


Chapter 11


#1.10 Scheduling and Case Management Conference in a Chapter 11 Case


fr 9-7-17; 10-5-17, 1-18-18; 4-12-18


Docket 20


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:12-45430


Charles Olisekeni Anyadike


Chapter 11


#2.00 Motion to Reopen Chapter 11 Case


Docket 200


Tentative Ruling:

None.

Party Information

Debtor(s):

Charles Olisekeni Anyadike Represented By

Anthony Obehi Egbase Onyinye N Anyama

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#3.00 Motion for sanctions under rule 9011 and the court's inherent powers


fr. 3-29-18; 5-3-18


Docket 959


Tentative Ruling:

None.

Party Information

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

2:17-20227


Little Saigon Supermarket, LLC


Chapter 11


#4.00 Second And Final Application Of Weintraub & Selth, APC, General Bankruptcy Counsel

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

*** VACATED *** REASON: O/E 5-31-18 CONTINUED TO 6/14/18 @ 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub

Amelia Puertas-Samara Nina Z Javan

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#5.00 Confirmation of Chapter 11 Plan of Reorganization


Docket 55


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#6.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 11-16-17, 1-18-18; fr 3-8-18 (10:00 Calendar), 3-8-18

4-12-18


Docket 75


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

United States Trustee (LA) Represented By Alvin Mar

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#7.00 Disclosure Statement Describing Plan of Reorganization


fr 4-12-18


Docket 96


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

Movant(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:16-21314


Rhonda E. Reynolds


Chapter 11


#8.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Rhonda E. Reynolds Represented By Thomas B Ure

10:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#9.00 Debtors Emergency Motion For Order Approving:


  1. Use Of Alleged Cash Collateral Of Preferred Bank;

  2. Payment Of Pre-Petition Employee Benefits;

  3. Establishment Of Adequate Assurance Payments With Respect To Utilities;

  4. Maintaining Pre-Petition Bank Accounts For 30 Days;

  5. Maintaining Pre-Petition Merchant Accounts For 60 Days;

  6. Payment Of Certain Pre-Petition Critical Vendor Claims;

  7. Limiting Notice Of Certain Matters Requiring Notice Pursuant To FRBP 2002 And 9007;

  8. Extending The Time In Which To File Schedules, Statements And Lists Pursuant To FRBP 1007(C)


fr 5-29-18


Docket 2


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

2:00 PM

2:17-20201


New West TC, LLC


Chapter 7


#1.00 Chapter 7 Trustee's Motion to Approve Compromise of Controversy


Docket 31


Tentative Ruling:

None.

Party Information

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

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#2.00 Application to Employ Marshack Hays LLP as Special Litigation Counsel for Trustee


Docket 119


Tentative Ruling:

None.

Party Information

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

2:18-13598


Darren Searle


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [PP]


ALLY BANK VS DEBTOR


fr 5/22/18


Adam Barasch to appear by telephone


Docket 18


Tentative Ruling:

None.

Party Information

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

2:17-25277


Giovanna Norma Lilley

Telephonic Hearing


Chapter 13

#2.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC VS

DEBTOR


fr 5/22/18


Jennifer Wang to appear by telephone


Docket 33


Tentative Ruling:

None.

Party Information

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

2:12-46266


Anthony Estrada and Linda Ann Estrada


Chapter 13


#3.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY VS

DEBTOR fr. 4-3-18


Docket 60

*** VACATED *** REASON: O/E 5-25-18 CASE DISMISSED

Tentative Ruling:

Party Information

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

2:12-47735


Lilia Velasco


Chapter 13


#4.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 3-6-18; 4-3-18


Docket 99


Tentative Ruling:

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.

Party Information

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

2:13-37517


Laszlo Nemeth


Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


fr. 4-17-18; 5-22-18


Kelly Raftery to appear by telephone


Docket 42


Tentative Ruling:

None.

Party Information

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

2:17-12919


Desmond Paul McLean


Chapter 13


#6.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr 5-15-18


Docket 35

*** VACATED *** REASON: O/E 5-31-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-16347


Gloria L Leonard


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


CALIFORNIA CREDIT UNION VS

DEBTOR fr. 5-1-18

Nichole Glowin to appear by telephone


Docket 40


Tentative Ruling:

None.

Party Information

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

2:18-11173


Jose Blanco


Chapter 13


#8.00 Motion for relief from stay


LETICIA SANCHEZ VS

DEBTOR fr 5-22-18

Docket 42


Tentative Ruling:

None.

Party Information

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

2:18-12596


Anthony Michael Foggs


Chapter 13


#9.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NA VS

DEBTOR fr. 5-1-18

Docket 22


Tentative Ruling:

None.

Party Information

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

2:14-13314


Dora Dean Nelson


Chapter 13


#10.00 Motion for relief from stay [RP]


U.S. BANK TRUST, N.A. VS

DEBTOR


Docket 58

*** VACATED *** REASON: O/E 6-6-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:14-17501


Josefina Cruz


Chapter 13


#11.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 53


Tentative Ruling:

None.

Party Information

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

2:15-13836


Ramon Alejandre


Telephonic Hearing


Chapter 13

#12.00 Motion for relief from stay [RP]


DEUTSCHE BANK TRUST COMPANY AMERICAS VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 23

*** VACATED *** REASON: O/E 5-31-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-10457


Georgette Mckinney


Telephonic Hearing


Chapter 13

#13.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Kelly Raftery to appear by telephone


Docket 50


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Georgette Mckinney


Chapter 13

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

2:17-13815


SALVADOR MUNOZ


Telephonic Hearing


Chapter 13

#14.00 Motion for relief from stay [RP]


BANK OF AMERICA, N.A. VS

DEBTOR


Kelly Raftery to appear by telephone


Docket 22


Tentative Ruling:

None.

Party Information

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

2:17-18804


Sandra Hinojosa


Chapter 13


#15.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 47


Tentative Ruling:

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.

Party Information

Debtor(s):

Sandra Hinojosa Represented By Gary Polston

Movant(s):

Nationstar Mortgage LLC Represented By

10:00 AM

CONT...


Trustee(s):


Sandra Hinojosa


Christina J O Merdaud Jafarnia Melissa A Vermillion Cassandra J Richey


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-21606


Shawn Dean Sheppard


Telephonic Hearing


Chapter 13

#16.00 Motion for relief from stay [RP]


BANK OF AMERICA, N.A. VS

DEBTOR


Christina J. O to appear by telephone


Docket 39


Tentative Ruling:

None.

Party Information

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

2:17-23311


Hyejin Won


Chapter 13


#17.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY, FSB VS

DEBTOR


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Hyejin Won Represented By

Eliza Ghanooni

Movant(s):

Wilmington Savings Fund Society, Represented By

10:00 AM

CONT...


Trustee(s):


Hyejin Won


Joseph C Delmotte


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-24372


Harry L Solt and Lissette Solt


Chapter 13


#18.00 Motion for relief from stay [RP]


NATIONS DIRECT MORTGAGE, LLC VS

DEBTOR


Docket 42

*** VACATED *** REASON: CASE DISMISSED 5/25/18

Tentative Ruling:

Debtors' case was dismissed on May 25, 2018. Accordingly, this matter is now OFF CALENDAR. Appearances waived.

Party Information

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

2:17-24881


Maria Johnston


Telephonic Hearing


Chapter 13

#19.00 Motion for relief from stay [RP]


WILMINGTON TRUST, NATIONAL ASSOCIATION VS

DEBTOR


Megan E. Lees to appear by telephone


Docket 42


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Maria Johnston


Chapter 13

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

2:18-10609


Judith Vazquez


Telephonic Hearing


Chapter 13

#20.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 25


Tentative Ruling:

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.

Party Information

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

2:18-12138


Tisa L. Shavers


Telephonic Hearing


Chapter 13

#21.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Kelly Raftery to appear by telephone


Docket 31


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Tisa L. Shavers


Chapter 13

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

2:18-12993


Paula Andro


Chapter 13


#22.00 Motion for relief from stay [RP]


FLS REALTY, LLC VS

DEBTOR


Docket 23


Tentative Ruling:

None.

Party Information

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

2:18-15070


Maria Iliana Lopez


Telephonic Hearing


Chapter 13

#23.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Dane Exnowski to appear by telephone


Docket 9


Tentative Ruling:

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

CONT...


Maria Iliana Lopez


Chapter 13

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.

Party Information

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

2:18-15592


Asmik Mkyatchyan


Chapter 13


#24.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 6


Tentative Ruling:

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

CONT...


Asmik Mkyatchyan


Chapter 13

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.

Party Information

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

2:18-15908


Monette Marialuz Garcia Tabamo


Chapter 13


#25.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 15


Tentative Ruling:

None.

Party Information

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

2:18-16078


Louie Jose Quintanar


Chapter 13


#26.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 7


Tentative Ruling:

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

CONT...


Louie Jose Quintanar


Chapter 13


Movant’s counsel shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:18-15269


Clive Anthony Jackson


Chapter 7


#27.00 Motion for relief from stay [UD]


SHLOMO BOTACH VS

DEBTOR


Docket 8

*** VACATED *** REASON: CASE DISMISSED 5/29/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:14-33000


Jamie Georgia Armstead

Telephonic Hearing


Chapter 7

#28.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Sean Ferry to appear by telephone


Docket 72


Tentative Ruling:

None.

Party Information

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

2:18-11774


Designed to Move, LLC


Chapter 11


#29.00 Motion for relief from stay [UD]


PIONEER INVESTMENT, INC VS

DEBTOR


Docket 67


Tentative Ruling:

None.

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

Movant(s):

Pioneer Investment, Inc. Represented By Ann G. Lee

10:00 AM

2:18-12055


4402 Mammoth Investors, LLC


Chapter 11


#30.00 Motion for relief from stay [RP]


STONEHAVEN LLC VS

DEBTOR


Docket 33

*** VACATED *** REASON: O/S 6-11-18 CONTINUED TO 6-26-18 @ 10AM

Tentative Ruling:

This matter is CONTINUED to June 26, 2018 at 10:00 a.m.

Appearances waived.

Party Information

Debtor(s):

4402 Mammoth Investors, LLC Represented By Mark T Young

Movant(s):

Stonehaven LLC Represented By Michael H Weiss

10:00 AM

2:18-14109


Johnnie Fields


Telephonic Hearing


Chapter 13

#31.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


fr. 5-10-18, 6-5-18; ADVANCED FROM 6-14-18

Erin McCartney to appear by telephone


Docket 12


Tentative Ruling:

None.

Party Information

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

2:18-10145


James Joseph Welker, II


Chapter 13

Adv#: 2:18-01092 Meier et al v. Welker, II


#1.00 Defendant's Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted


Docket 4


Tentative Ruling:

None.

Party Information

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

2:18-10145


James Joseph Welker, II


Chapter 13

Adv#: 2:18-01092 Meier et al v. Welker, II


#1.10 Order to Show Cause Re Dismissal and Sanctions


Docket 12


Tentative Ruling:

None.

Party Information

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

2:18-10145


James Joseph Welker, II


Chapter 13

Adv#: 2:18-01092 Meier et al v. Welker, II


#1.20 Status Conference re Complaint for nondischargeability of debt


FR. 6-5-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01291

Mastan v. Jeffrey Licht & Associates, Inc. et al

Telephonic Hearing

#2.00 Motion of Jeffrey Licht to disqualify Judge Julia W. Brand


Meghann Triplett to appear by telephone


Docket 127


Tentative Ruling:

None.

Party Information

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

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#3.00 Motion For Sale of Property of the Estate under Section 363(b) -


fr 5-31-18


Docket 37


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

2:00 PM

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18; 5-31-18


Docket 4


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

2:00 PM

2:18-11835


Old Firehouse of Pomona, LLC


Chapter 11


#5.00 Order to Show Cause Re Dismissal


Docket 52


Tentative Ruling:

None.

Party Information

Debtor(s):

Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:12-18807


Oscar Franco and Sarah Franco


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments.


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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-25620


Oscar Eduardo Carmona and Evey Ibeth Carmona

Telephonic Hearing


Chapter 13

#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18; 4-11-13


Docket 166


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-30435


Gerald Lynn Warren and Robin Lillian Warren


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 4-11-13


Docket 146


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-30854


Jesus Cardenas and Maria Dora Cardenas


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-33373


Mark Logan and Patricia Logan


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 1-10-18; 2-28-18

fr 4-11-13


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-39721


Lloyd Lawyer Walker and Clarisa Gutierrez Jaime


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-21897


Maria Isabel Ochoa


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 11-15-17

fr 2-14-18

fr 4-11-13


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Isabel Ochoa Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-16324


Janice Dean Lewis


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-11-18


Docket 35

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 4/12/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Janice Dean Lewis Represented By Todd J Roberts

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20912


David Alexander Sanchez


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments

fr 4-11-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Alexander Sanchez Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20935


John Michael Opferman and Katherine Lucille Opferman


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments

fr 4-11-18


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-19581


Teresita Requillas Orcini


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 4-11-18


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Teresita Requillas Orcini Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-32108


Mara Victoria Baygulova


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 4-18-18; 5-30-18


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mara Victoria Baygulova Represented By Ali R Nader

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-51202


Ricky Ray Thomas and Maureen Anne McIntyre


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 87

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 2/23/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-18311


Kennedy Dixon


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Due to a Material Defualt of a Plan Provision


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kennedy Dixon Represented By Caroline S Kim

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-31590


Edwin Ernesto Lima and Judith Maribel Lima


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-23136


Louie Jim Pagoulatos and Rosemary Guzman


Chapter 13


#15.10 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 59


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-19306


Joseph J Nichols


Chapter 13


#16.00 Motion to dismiss or convert Chapter 13

case due to material default 11 USC § 1307(c)


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-21985


Maria Agnes Ahyong Miranda


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Agnes Ahyong Miranda Represented By

Hasmik Jasmine Papian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-22304


Lander Jethro Smith


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lander Jethro Smith Represented By Raymond Perez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-35416


Ca-Trece Roxanne Mas'sey


Chapter 13


#19.00 Motion to Determine Whether Debtor Has Paid All Required Post-Petition Amounts And, If Not, The Amount Actually Owed


fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18; 5-30-18


Docket 165


Tentative Ruling:

None.

Party Information

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

2:18-14187


Whitfield Derick Payne


Chapter 13


#20.00 Order to Show Cause Re Dismissal


Docket 23


Tentative Ruling:

None.

Party Information

Debtor(s):

Whitfield Derick Payne Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12299


Khamshabe Koochof and Herachik Koochof


Chapter 13


#21.00 Objection to Debtor's Claim of Exemptions


Docket 20


Tentative Ruling:

None.

Party Information

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

2:17-16555


Fredy Coloma


Chapter 13


#22.00 Objection to Claim #2 by Claimant Capital One Bank N.A. in the amount of $ 2593.21


Docket 22


Tentative Ruling:

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.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13


#23.00 Objection to Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67


fr 5-30-18


Docket 35


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13


#24.00 Motion to Compel Responses by Debtor to Creditor's Request For Production of Documents


fr 5-30-18


Docket 37


Tentative Ruling:

None.

Party Information

Debtor(s):

Joseph Hoats Represented By

Joseph M Hoats

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-16215


Lilia Nuno


Telephonic Hearing


Chapter 11

#1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 5-31-18


Dane Exnowski to appear by telephone


Docket 105


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

10:00 AM

2:13-24363


Even St. Productions Ltd.

Telephonic Hearing


Chapter 11

#2.00 Post Confirmation Status Conference fr. 2-14-18, 2-15-18


Robert J Allan to appear by telephone Ashley M McDow to appear by telephone


Docket 0


Tentative Ruling:

None.

Party Information

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

2:13-24363


Even St. Productions Ltd.


Chapter 11


#2.10 Motion for sanctions under rule 9011 and the court's inherent powers


fr. 3-29-18; 5-3-18; 6-7-18


Docket 959


Tentative Ruling:

None.

Party Information

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

2:16-13325


Lucky Cats, Inc.


Telephonic Hearing


Chapter 11

#3.00 Post Confirmation Status Conference fr. 6-8-17; 10-5-17

Steven R Fox to appear by telephone


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Lucky Cats, Inc. Represented By Steven R Fox

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#4.00 Order to Appear and Show Cause Re Dismissal or Conversion to Chapter 7


Docket 139


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:17-23986


R & S Antiques, Inc.


Chapter 11


#4.10 Motion for Entry of Order Establishing Bidding and Sale Procedures


Docket 143


Tentative Ruling:

None.

Party Information

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

2:17-23986


R & S Antiques, Inc.


Chapter 11


#5.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-18; 3-1-17; 4-12-18, 5-10-18


Docket 101


Tentative Ruling:

None.

Party Information

Debtor(s):

R & S Antiques, Inc. Represented By Victor A Sahn

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#6.00 Motion to Intervene


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Anthony J Napolitano


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#7.00 Status Conference re Removal of Action


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

Tentative Ruling:

None.


Party Information

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

CONT...


Holy Hill Community Church


Anthony J Napolitano


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:16-01051

Laski v. Palisades Capital Partners, LLC et al

Telephonic Hearing

#7.10 Status Conference re Complaint for Declaratory Relief


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:16-21633


Alverna Stanley


Chapter 11


#8.00 Chapter 11 Disclosure Statement


Docket 84


Tentative Ruling:

At a hearing on May 31, 2018, the Court dismissed the debtor's case.

Accordingly, this matter is now OFF CALENDAR. Appearances waived.

Party Information

Debtor(s):

Alverna Stanley Represented By Phillip Myer

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#9.00 Motion to Disallow Claims filed by SNP Pharmacy, Inc. fr. 4-12-18; 5-14-18; 5-23-18

Docket 337


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-20227


Little Saigon Supermarket, LLC


Chapter 11


#10.00 Second And Final Application Of Weintraub & Selth, APC, General Bankruptcy Counsel

To The Debtor And Debtor In Possession, For Allowance And Payment Of Compensation And Reimbursement Of Expenses


fr 6-7-18


Docket 171


Tentative Ruling:

None.

Party Information

Debtor(s):

Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub

Amelia Puertas-Samara Nina Z Javan

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#11.00 Application for Compensation for Lewis R Landau, Debtor's Attorney


J Michael Issa to appear by telephone Lewis R Landau to appear by telephone


Docket 238


Tentative Ruling:

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.

Party Information

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#12.00 Application for Compensation for Daniel P. Hogan, Attorney at Law


J Michael Issa to appear by telephone Lewis R Landau to appear by telephone


Docket 239


Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#13.00 Application for Compensation for GlassRatner Advisory & Capital Group LLC


J Michael Issa to appear by telephone Lewis R Landau to appear by telephone


Docket 240


Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#14.00 Application for Compensation for TroyGould, PC Special Counsel


J Michael Issa to appear by telephone Lewis R Landau to appear by telephone


Docket 241


Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#15.00 First Interim Application of Brinkman Portillo

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


Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:18-14109


Johnnie Fields


Chapter 13


#16.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


fr. 5-10-18, 6-5-18


Docket 12

*** VACATED *** REASON: O/E 6-6-18 ADVANCED TO 6-12-18 AT 10:00 A.M.

Tentative Ruling:

Party Information

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

2:18-15972

Playhut, Inc.

Chapter 11

#17.00 Motion for Preliminary Injunction

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


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

2:00 PM

2:15-16511


Ambra Bisconti


Telephonic Hearing


Chapter 7

#1.00 Trustee's Motion to Set a Bar Date Filing Chapter 11 Administrative Expense Claims, Including Claims Under Section 503(B)(9) of the Bankruptcy Code, Approving Form, Manner and Sufficiency of Notice thereof,

and Approving Form of Chapter 11 Administrative Proof of Claim


Sharon Z Weiss to appear by telephone


Docket 319

Tentative Ruling:

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.

Party Information

Debtor(s):

Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger

Trustee(s):

Peter J Mastan (TR) Represented By Sharon Z. Weiss

Tuesday, June 19, 2018

Hearing Room

1375

10:00 AM

2:18-15908

Monette Marialuz Garcia Tabamo

Chapter 13

#1.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate

fr 6-12-18

Docket 15


Tentative Ruling:

None.

Party Information

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


Monday, June 25, 2018

Hearing Room

1375


11:00 AM

2:18-15972


Playhut, Inc.


Telephonic Hearing


Chapter 11

#1.00 Motion for Order Approving Use of Cash Collateral of Preferred Bank


fr 5-29-18, 6-7-18


Docket 2


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:18-12318


Francis Xavier M. Garcia and Therese Marie Castro Garcia


Chapter 13


#1.00 Motion for relief from stay [UD]


ROGELIO ANDRADE VS

DEBTOR


Docket 32


Tentative Ruling:

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

CONT...


Francis Xavier M. Garcia and Therese Marie Castro Garcia


Chapter 13

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.

Party Information

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

2:18-12318


Francis Xavier M. Garcia and Therese Marie Castro Garcia


Chapter 13


#2.00 Motion for relief from stay [PP]


DAIMLER TRUST VS

DEBTOR


Docket 29


Tentative Ruling:

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.

Party Information

Debtor(s):

Francis Xavier M. Garcia Represented By

James Geoffrey Beirne

10:00 AM

CONT...


Francis Xavier M. Garcia and Therese Marie Castro Garcia


Chapter 13

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

2:18-15413


Sua Tuimalealiifano


Chapter 13


#3.00 Motion for relief from stay [UD]


L BROTHERS INVESTMENT GROUP INC VS

DEBTOR


Docket 15


Tentative Ruling:

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

CONT...


Sua Tuimalealiifano


Chapter 13

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.

Party Information

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

2:17-24953


Devon Anthony Mendes


Chapter 13


#4.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK, N.A. VS

DEBTOR FR. 5-22-18

Stipulation for adequate protection filed 6/25/18


Docket 27


Tentative Ruling:

None.

Party Information

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

2:18-10043


Teresa Lombera


Chapter 13


#5.00 Motion for relief from stay [PP]


FORD MOTOR CREDIT COMPANY LLC VS

DEBTOR fr 6-5-18

Docket 23


Tentative Ruling:

None.

Party Information

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

2:15-21291


Dik Arthur Johnson and Donna Johnson


Chapter 13


#6.00 Motion for relief from stay [PP]


CAB WEST, LLC VS

DEBTOR


Docket 44


Tentative Ruling:

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.

Party Information

Debtor(s):

Dik Arthur Johnson Represented By Steven A Alpert

10:00 AM

CONT...


Dik Arthur Johnson and Donna Johnson


Chapter 13

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

2:18-11928


Percival D Clarito and Rosanna D Clarito


Chapter 13


#7.00 Motion for relief from stay [PP]


BANK OF AMERICA, N.A. VS

DEBTOR


Docket 34


Tentative Ruling:

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.

Party Information

Debtor(s):

Percival D Clarito Represented By William J Smyth

Andrew Edward Smyth

10:00 AM

CONT...


Percival D Clarito and Rosanna D Clarito


Chapter 13

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

2:15-16762


Hector Manuel Cardenas and Silvia Cardenas

Telephonic Hearing


Chapter 13

#8.00 Motion for relief from stay [RP]


SPECIALIZED LOAN SERVICING LLC VS

DEBTOR fr. 6-5-18

Stipulation to settled filed 6/22/18


Docket 33


Tentative Ruling:

None.

Party Information

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

2:16-18448


George G Washington


Chapter 7


#9.00 Motion for relief from stay [RP]


BAYVIEW LOAN SEVICING, LLC VS

DEBTOR fr. 5-15-18


Docket 211

*** VACATED *** REASON: O/E 6-18-18 CONTINUED TO 8-28-18 @ 10:00 A.M.

Tentative Ruling:

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.

Party Information

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

2:17-20436


Armando Diaz


Chapter 13


#10.00 Motion for relief from stay [RP]


PNC BANK NATIONAL ASSOCIATION VS

DEBTOR


fr. 5-1-18; 6-5-18


Docket 29


Tentative Ruling:

None.

Party Information

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

2:15-17405


Kapila Liyanage


Chapter 13


#11.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY VS

DEBTOR


Docket 44


Tentative Ruling:

None.

Party Information

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

2:15-26640


Arturo Nila


Chapter 13


#12.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 52


Tentative Ruling:

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.

Party Information

Debtor(s):

Arturo Nila Represented By

Julie J Villalobos

Movant(s):

U.S. Bank National Association, as Represented By

10:00 AM

CONT...


Trustee(s):


Arturo Nila


Daniel K Fujimoto Caren J Castle


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-19892


Jorge Reyes


Chapter 13


#13.00 Motion for relief from stay [RP]


U.S. BANK TRUST, N.A. VS

DEBTOR


Docket 56


Tentative Ruling:

None.

Party Information

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

2:17-20776


Wilbert Bradford, Jr


Chapter 13


#14.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY VS

DEBTOR


Docket 38


Tentative Ruling:

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.

Party Information

Debtor(s):

Wilbert Bradford Jr Represented By Andrew Moher

10:00 AM

CONT...

Movant(s):


Wilbert Bradford, Jr


Chapter 13

Deutsche Bank National Trust Represented By Joseph C Delmotte

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-21174


Andrew Babakhanlou


Chapter 13


#15.00 Motion for relief from stay [RP]


JPMORGAN CHASE BANK NATIONAL ASSOCIATION

VS DEBTOR


Docket 67


Tentative Ruling:

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.

Party Information

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

2:17-25648


Raul Alberto Dominguez


Chapter 13


#16.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 33


Tentative Ruling:

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

CONT...


Raul Alberto Dominguez


Chapter 13

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.

Party Information

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

2:18-12131


Alba Yanira Flores


Chapter 13


#17.00 Motion for relief from stay [RP]


CARRINGTON MORTGAGE SERVICES VS

DEBTOR


Docket 18


Tentative Ruling:

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.

Party Information

Debtor(s):

Alba Yanira Flores Represented By Joshua L Sternberg

10:00 AM

CONT...

Movant(s):


Alba Yanira Flores


Chapter 13

Carrington Mortgage Services, LLC, Represented By

Diana Torres-Brito

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-15129


Erlinda V Baldwin


Chapter 13


#18.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 14


Tentative Ruling:

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

CONT...


Erlinda V Baldwin


Chapter 13

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.

Party Information

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

2:18-15380


Eldon Gripper


Chapter 13


#19.00 Motion for relief from stay [RP]


ALAN S VERTUN, WILLIAM &BARBARA SCHMIDT, JANICE WASSERMAN AND JEFFREY CONSTINE

VS DEBTOR


Docket 14

Tentative Ruling:

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.

Party Information

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

2:18-16365


Sergio Moreno Morales


Chapter 13


#20.00 Motion for relief from stay [RP]


CRESCENT CAPITAL HOLDINGS, LLC VS

DEBTOR


Docket 16

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/14/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-16365


Sergio Moreno Morales


Chapter 13


#20.10 Motion for relief from stay [RP]


CRESCENT CAPITAL HOLDINGS, LLC VS

DEBTOR


Docket 9


Tentative Ruling:

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

CONT...


Sergio Moreno Morales


Chapter 13

"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.

Party Information

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

2:13-34984


John Paul Kouri


Chapter 13


#21.00 Motion for relief from stay


LEA SULLIVAN VS

DEBTOR


Docket 66


Tentative Ruling:

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.

Party Information

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

2:18-15838


Bruce Carl Hightower


Chapter 13


#22.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 11


Tentative Ruling:

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.

Party Information

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

2:18-11972


James Zeke Zambarelli


Chapter 7


#23.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC VS

DEBTOR


Docket 27


Tentative Ruling:

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

CONT...


James Zeke Zambarelli

The 14-day stay of FRBP 4001(a)(3) is ordered waived due to


Chapter 7

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.

Party Information

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

2:17-18996


Steven Massei and Martha Massei


Chapter 7


#24.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY, FSB VS

DEBTOR


Docket 107


Tentative Ruling:

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

CONT...


Steven Massei and Martha Massei

The movant shall upload an appropriate order via the Court’s LOU


Chapter 7

system.


Debtor(s):


Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar

Telephonic Hearing


Chapter 11

#25.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 1-9-18, 3-6-18; 5-15-18


Docket 32


Tentative Ruling:

None.

Party Information

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

2:18-12055


4402 Mammoth Investors, LLC


Chapter 11


#26.00 Motion for relief from stay [RP]


STONEHAVEN LLC VS

DEBTOR fr. 6-12-18

Docket 33


Tentative Ruling:

None.

Party Information

Debtor(s):

4402 Mammoth Investors, LLC Represented By Mark T Young

Movant(s):

Stonehaven LLC Represented By Michael H Weiss

10:00 AM

2:14-33000


Jamie Georgia Armstead


Chapter 7


#27.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR fr 6-12-18

Docket 72


Tentative Ruling:

None.

Party Information

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

2:18-12993


Paula Andro


Chapter 13


#28.00 Motion for relief from stay [RP]


FLS REALTY, LLC VS

DEBTOR fr 6-12-18

Docket 23

*** VACATED *** REASON: VOLUNTARY DISMISSALOF MOTION FILED 6/22/18

Tentative Ruling:

Party Information

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

2:18-12993

Paula Andro

Chapter 13

#29.00 Motion to Commence Loan Modification Management Program (LMM)

Docket 26

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/22/18

Tentative Ruling:

Party Information

Debtor(s):

Paula Andro Represented By

Roseann Frazee

Trustee(s):

Nancy K Curry (TR) Pro Se

11:00 AM

2:18-11728

Erika Acuna Marasigan and Rolando Aguila Marasigan

Chapter 7

#1.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.

fr 5-29-18

Docket 13


Tentative Ruling:

None.

Party Information

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

2:18-11882


William Ashby


Chapter 7


#2.00 Reaffirmation Agreement Between Debtor and Hyundai Motor Finance

fr 5-29-18


Docket 9


Tentative Ruling:

None.

Party Information

Debtor(s):

William Ashby Represented By Julie J Villalobos

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

11:00 AM

2:18-12183


Larry Paul Lewis


Chapter 7


#3.00 Reaffirmation Agreement Between Debtor and Ten Minute Title Loans Holdings, LLC

fr 5-29-18


Docket 16


Tentative Ruling:

None.

Party Information

Debtor(s):

Larry Paul Lewis Pro Se

Trustee(s):

Peter J Mastan (TR) Pro Se

11:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#4.00 Motion for sanctions under rule 9011 and the court's inherent powers


fr. 3-29-18; 5-3-18; 6-7-18; 6-14-18


Docket 959


Tentative Ruling:

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.

Party Information

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

2:18-10337


Aneleh Christine Dayer


Chapter 7

Adv#: 2:18-01114 Trickel et al v. Dayer


#1.00 Status Conference re Complaint for determination of dischargeability of a debt pursuant to Section 523 of the Bankruptcy Code


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-18459


Eddy J Cruz


Chapter 7

Adv#: 2:17-01511

Acevedo et al v. Cruz

Telephonic Hearing

#2.00 Status Conference re Complaint to determine dischargeability of debt


fr. 1-9-18; 3-6-18; 4-3-18


Docket 1


Tentative Ruling:

None.

Party Information

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

CONT...


Eddy J Cruz


Chapter 7

Maria Guadalupe Ramos Represented By David Brian Lally

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:17-25759


Michael T Hong


Chapter 7

Adv#: 2:18-01093 Wike v. Hong


#3.00 Order to Show Cause Re Dismissal and Sanctions


Docket 3


Tentative Ruling:

None.

Party Information

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

2:17-25759


Michael T Hong


Chapter 7

Adv#: 2:18-01093 Wike v. Hong


#4.00 Status Conference re Complaint to determine of debt


FR. 6-5-18


Docket 1


Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Michael T Hong


Chapter 7

Howard M Ehrenberg (TR) Pro Se

2:00 PM

2:17-21606


Shawn Dean Sheppard


Chapter 13

Adv#: 2:18-01059 Sheppard v. Galadzhyan et al


#5.00 Motion for Default Judgment


Docket 10


Tentative Ruling:

None.

Party Information

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

2:17-21606


Shawn Dean Sheppard


Chapter 13

Adv#: 2:18-01059 Sheppard v. Galadzhyan et al


#6.00 Status Conference re Complaint for:

  1. determine the extend and validity of lien on real property

  2. cancellation of deed; and

  3. declaratory relief


Clerk Has Entered Default Against Defendant(s) AKOP GALADZHYAN on 5/15/2018

fr. 5-15-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats


#7.00 Status Conference re Complaint to determine dischargeability of debt


Docket 1

*** VACATED *** REASON: O/E 6-7-18 CONTINUED TO 7-3-18 @ 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01142 Hoats v. Briceno


#8.00 Status Conference re Notice of Removal


Docket 1

*** VACATED *** REASON: CONTINUED TO 7-10-18 @ 2:00 P.M.

Tentative Ruling:

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.

Party Information

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:10-38287


James A Baltutis


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18


Docket 78


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James A Baltutis Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-43292


Alejandro Ponce


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-11-17; 11-15-17; 1-31-18; 2-28-18; 4-18-18


Docket 124

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/7/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alejandro Ponce Represented By Peter L Lago

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:11-60478


Monique M. Adams


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monique M. Adams Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-17776


Jose Reynaldo Aquino


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 5-16-18


Docket 126

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 6-20-18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-18332


Paul Nelson and Linda Nelson


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/ Delinquent Plan Payments


fr. 9-20-17;11-15-17; 12-13-17; 1-31-18; 3-28-18; 4-18-18


Docket 89

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 6-20-18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-23814


Inna Dmitriev


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Under 11

U.S.C. §1307(c)


fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18


Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Inna Dmitriev Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-26778


Yeng Song and Mai Lee Song


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-11-18


Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-32210


Abraham Christopher Silva


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18; 5-16-18


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-18718


Vilma Reginaldo Sakha and Sahat Manafpour Sakha


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18; 4-18-18


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-31590


Edwin Ernesto Lima and Judith Maribel Lima


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-33620


Everil Lynette Nelson


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-18-18


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-23545


Michael Eric Hoggatt and Verna Hoggatt


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 56

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 6/19/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:15-26782


Alma Lileana Polanco


Chapter 13


#13.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-10647


Reid Jeffrey Osherow


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reid Jeffrey Osherow Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-24136


Jason Matsu


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-18-18


Docket 25

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/7/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Matsu Represented By

Daren M Schlecter

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-27002


Juan Jose Soria Jimenez and Maria Del Carmen Duran


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 4-18-18


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-10462


Noranece Monique Roberts-Clemons


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Noranece Monique Roberts- Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11480


Deborah Howlett Anderson


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Deborah Howlett Anderson Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11975


Trina Lanette Ward


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Trina Lanette Ward Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13967


Lorena Maccioni


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 2-14-18; 4-18-18


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lorena Maccioni Represented By

Rabin J Pournazarian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-19900


Claudia Leyva


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 4-18-18


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Claudia Leyva Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-49333


Pete Ruben Salceda and Cindy Elizabeth Salceda


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-51771


John Darmozadeh and Hilda Darmozadeh


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-23443


Richard Pacheco and Elva Bernice Pachero


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 115

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 6/15/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-33078


Milton Roberto Gonzalez and Georgina Mercedes Gonzalez


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 85


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-33752


Zoila Mercedes Salazar


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 90


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Zoila Mercedes Salazar Represented By Jeffrey N Wishman

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-33804


Margaret E Jones


Chapter 13


#27.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margaret E Jones Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-24560


David D. R. Hernandez and Donna Kaye Hernandez


Chapter 13


#27.10 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:15-27786


Ivis Lenard Byles


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ivis Lenard Byles Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-12526


Shana Rae Kelly


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shana Rae Kelly Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-17426


Ricardo Ramos and Lucina Ramos


Chapter 13


#30.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-17715


Jose Gutierrez


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Gutierrez Represented By Lauren Rode Yelena Gurevich

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24019


Ricardo Frankie Barboza


Chapter 13


#32.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ricardo Frankie Barboza Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#33.00 Motion to modify plan or suspend plan payments fr 12-13-17; 2-14-18; 4-18-18

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#34.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#35.00 Motion to modify plan or suspend plan payments


Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#36.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-18-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:18-13572


Archie Clore Pope


Chapter 13


#37.00 Motion to Disallow Debtor's Attorney James Shields to Receive Any Fees Under The Rights And Responsibilities Agreement


Docket 27


Tentative Ruling:

None.

Party Information

Debtor(s):

Archie Clore Pope Represented By James C Shields

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24972


Marvell Lenox Tell, Jr.


Chapter 13


#38.00 Motion to Commence Loan Modification Management Program (LMM)

Real Time Resolution fr. 5-16-18

Docket 39

*** VACATED *** REASON: CASE DISMISSED 6-13-18

Tentative Ruling:

Party Information

Debtor(s):

Marvell Lenox Tell Jr. Represented By Roseann Frazee

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:10-49288

Mildred W. Benson

Chapter 13

#39.00 Motion to Reopen Chapter 13

Docket 109

Tentative Ruling:

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.

Party Information

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

2:17-25214


Hermila Flores Rueda


Chapter 13


#40.00 Motion to Reconsider Order and Notice of Dismissal


Docket 27


Tentative Ruling:

None.

Party Information

Debtor(s):

Hermila Flores Rueda Represented By Michael E Clark

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-11685


Gloria Martinez


Chapter 13


#41.00 Motion for reconsideration of Order Sustaining objection to proof of claim No. 4-1


Docket 50


Tentative Ruling:

None.

Party Information

Debtor(s):

Gloria Martinez Represented By William J Smyth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#42.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 3-28-18; 5-30-18


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-33017


Jaime Rene Anaya and Paula Oralia Anaya


Chapter 13


#43.00 Motion to avoid junior lien on principal residence with Wells Fargo Bank


fr 1-31-18; 3-28-18; 5-30-18


Docket 60


Tentative Ruling:

None.

Party Information

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

2:18-10200


Juan Ramirez-Juarez and Marisela Ramirez-Flores


Chapter 13


#44.00 Motion to avoid junior lien on principal residence with Deutsche Bank National Trust Company c/o Specialized Loan Servicing LLC


Docket 43


Tentative Ruling:

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

CONT...


Juan Ramirez-Juarez and Marisela Ramirez-Flores


Chapter 13


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.


Party Information

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

2:17-22855


Manuel Adrian Lopez, Jr.


Chapter 13


#45.00 Motion RE: Objection to Claim Number 6 by Claimant LVNV FUNDING LLC.


Docket 29


Tentative Ruling:

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.

Party Information

Debtor(s):

Manuel Adrian Lopez Jr. Represented By Omar Zambrano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-10818


Juan Carlos Gonzalez


Chapter 13


#46.00 Objection to Debtor's Claim of Exemption in Real Property


Docket 19


Tentative Ruling:

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.

Party Information

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

2:18-11424


Patricia Rodriguez


Telephonic Hearing


Chapter 13

#47.00 Objection to Claim #1 by Claimant Cavalry SPV I, LLC as assignee of GE Capital Corp./

Preferred Physicians. in the amount of $ 2175.88


Jeffrey B Smith to appear by telephone


Docket 28


Tentative Ruling:

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.

Party Information

Debtor(s):

Patricia Rodriguez Represented By Jeffrey B Smith

Movant(s):

Patricia Rodriguez Represented By Jeffrey B Smith

1:30 PM

CONT...

Trustee(s):


Patricia Rodriguez


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11424


Patricia Rodriguez


Telephonic Hearing


Chapter 13

#48.00 Objection to Claim #2 by Claimant Cavalry SPV I, LLC as assignee of Chase Bank-WaMu. in the amount of $ 1,863.14


Jeffrey B Smith to appear by telephone


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Patricia Rodriguez Represented By Jeffrey B Smith

Movant(s):

Patricia Rodriguez Represented By Jeffrey B Smith

1:30 PM

CONT...

Trustee(s):


Patricia Rodriguez


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11424


Patricia Rodriguez


Telephonic Hearing


Chapter 13

#49.00 Objection to Claim #6 by Claimant Merrick Bank. in the amount of $ 1,863.82


Jeffrey B Smith to appear by telephone


Docket 29


Tentative Ruling:

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.

Party Information

Debtor(s):

Patricia Rodriguez Represented By Jeffrey B Smith

Movant(s):

Patricia Rodriguez Represented By Jeffrey B Smith

1:30 PM

CONT...

Trustee(s):


Patricia Rodriguez


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11424


Patricia Rodriguez


Chapter 13


#50.00 Objection to Claim #7 by Claimant LVNV Funding, LLC its successors and assigns

as assignee of GE Money Bank. in the amount of $ 1,362.11


Jeffrey B Smith to appear by telephone


Docket 31


Tentative Ruling:

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.

Party Information

Debtor(s):

Patricia Rodriguez Represented By Jeffrey B Smith

Movant(s):

Patricia Rodriguez Represented By Jeffrey B Smith

1:30 PM

CONT...

Trustee(s):


Patricia Rodriguez


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-11424


Patricia Rodriguez


Chapter 13


#51.00 Objection to Claim #8 by Claimant LVNV Funding, LLC in the amount of $ 708.95


Jeffrey B Smith to appear by telephone


Docket 27

*** VACATED *** REASON: WITHDRAWAL OF OBJECTION TO CLAIM FILED 6/18/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 1-18-18; 4-5-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-10175


American Ranch and Seafood Markets


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 91


Tentative Ruling:

None.

Party Information

Debtor(s):

American Ranch and Seafood Represented By Sandford L. Frey

10:00 AM

2:18-14499


Asher Wagh


Chapter 11


#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Asher Wagh Represented By

Michael Jay Berger

10:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#4.00 Application for Compensation for Ian Landsberg,

Debtor's Attorney


fr 3-29-18,5-3-18; 5-31-18


Docket 193


Tentative Ruling:

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.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#5.00 Objection To Claim Of Behrouz Aframian [Claim No. 4]


fr. 1-18-18; 5-3-18


Docket 193


Tentative Ruling:

None.

Party Information

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

2:16-19487


Wilma Seneviratne


Chapter 11


#6.00 Post Confirmation Status Conference fr 12-14-17, 1-18-18, 5-10-18

Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-25106


Hector Ocegueda


Chapter 11


#7.00 Confirmation of Debtor's Plan of Reorganization


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Hector Ocegueda Represented By

M Jonathan Hayes

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#8.00 Debtor's Disclosure Statement Describing Chapter 11 Plan


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

Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432

Point.360, a California Corporation

Chapter 11

#9.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 12-14-17; 5-17-18, 5-10-18

Docket 15

Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

2:00 PM

2:15-28161

Yesenia Gomez

Chapter 7

#1.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals

Jason M. Rund

Docket 72


Tentative Ruling:

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

CONT...


Yesenia Gomez


Chapter 7

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.


Party Information

Debtor(s):

Yesenia Gomez Represented By Heather J Canning

Trustee(s):

Jason M Rund (TR) Pro Se


Monday, July 2, 2018

Hearing Room

1375


11:00 AM

2:12-45293


Philip L. Marchiondo


Chapter 11


#1.00 Debtor's Emergency Motion for reconsideration of Order Granting Relief from the Automatic Stay to Compass Bank


Docket 207


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:14-26354


Maria Luisa Viramontes


Chapter 13


#1.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC VS

DEBTOR


Docket 39


Tentative Ruling:

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.

Party Information

Debtor(s):

Maria Luisa Viramontes Represented By

10:00 AM

CONT...


Movant(s):


Maria Luisa Viramontes


Raymond J Seo


Chapter 13

Santander Consumer USA Inc. dba Represented By

Jennifer H Wang

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-11928


Percival D Clarito and Rosanna D Clarito


Chapter 13


#2.00 Motion for relief from stay [PP]


BMW BANK OIF NORTH AMERICA VS

DEBTOR


Docket 36


Tentative Ruling:

None.

Party Information

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

2:16-22084


Beatriz Raya


Chapter 13


#3.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NATIONAL ASSOCIATION VS

DEBTOR fr. 5-22-18


Docket 32

*** VACATED *** REASON: O/E 6-18-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-15513

Armando Ramos, Jr. and Yvette Ramos

Chapter 13


#4.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR fr. 5-22-18

Docket 44


Tentative Ruling:

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.


Party Information

10:00 AM

CONT...

Debtor(s):


Armando Ramos, Jr. and Yvette Ramos


Chapter 13

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

2:17-21606


Shawn Dean Sheppard


Chapter 13


#5.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Docket 44


Tentative Ruling:

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.

Party Information

Debtor(s):

Shawn Dean Sheppard Represented By Donald E Iwuchuku

Movant(s):

The Bank Of New York Mellon Fka Represented By

10:00 AM

CONT...


Trustee(s):


Shawn Dean Sheppard


Erin M McCartney


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:17-23233


Valerie M Molina


Chapter 13


#6.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR


Docket 26


Tentative Ruling:

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.

Party Information

Debtor(s):

Valerie M Molina Represented By Stephen S Smyth William J Smyth

10:00 AM

CONT...

Movant(s):


Valerie M Molina


Chapter 13

Freedom Mortgage Corporation Represented By John D Schlotter

Dane W Exnowski

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-11966


Emile Auguste, Jr.


Chapter 13


#7.00 Motion for relief from stay [PP]


FINANCIAL SERVICES VEHICLE TRUST VS

DEBTOR


Docket 30


Tentative Ruling:

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.

Party Information

Debtor(s):

Emile Auguste Jr. Represented By Roseann Frazee

10:00 AM

CONT...

Movant(s):


Emile Auguste, Jr.


Chapter 13

Financial Services Vehicle Trust Represented By

Bret D. Allen

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-14658


Chan Hee Oh


Chapter 13


#8.00 Motion for relief from stay [RP]


EAST WEST BANK VS

DEBTOR


Case dismissed 5/14/18


Docket 11


Tentative Ruling:

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

CONT...


Chan Hee Oh


Chapter 13

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.

Party Information

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

2:18-16656


Ricardo Guerra


Chapter 13


#9.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 7


Tentative Ruling:

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

CONT...


Ricardo Guerra


Chapter 13

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.

Party Information

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

2:18-14871


Marco A. Lopez and Mary Lou Lopez


Chapter 13


#10.00 Motion for relief from stay


RUTILIO GONZALEZ VS

DEBTOR


Docket 18


Tentative Ruling:

None.

Party Information

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

2:17-24972


Marvell Lenox Tell, Jr.


Chapter 13


#11.00 Motion for relief from stay


COMPTON UNIFIED SCHOOL DISTRICT VS

DEBTOR


Docket 73

*** VACATED *** REASON: CASE DISMISSED 6/13/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-15443


Ana Delgado


Chapter 7


#12.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Docket 18

Tentative Ruling:

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.

Party Information

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

2:18-11592


Wajida Alhambra


Chapter 11


#13.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 4-10-18; 5-15-18; 6-5-18


Docket 16

*** VACATED *** REASON: O/E 6-8-18 SETTLED BY STIPULATION

Tentative Ruling:

None.

Party Information

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

2:18-11190


Manuel J. Leon, Jr.


Chapter 13


#14.00 Motion for relief from stay


ROSENDO GONZALEZ VS

DEBTOR


Docket 25


Tentative Ruling:

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

CONT...


Manuel J. Leon, Jr.

The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.


Chapter 13

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.

Party Information

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

2:18-15855


Jae Hyun Oh


Chapter 13


#15.00 Motion for relief from stay [RP]


EAST WEST BANK VS

DEBTOR


Case dismissed 6/11/18


Docket 8


Tentative Ruling:

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)

  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 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

    CONT...


    Jae Hyun Oh


    Chapter 13

    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.

    Party Information

    Jae Hyun Oh Pro Se

    Movant(s):

    East West Bank Represented By William Malcolm

    10:00 AM

    CONT...

    Trustee(s):


    Jae Hyun Oh


    Chapter 13

    Nancy K Curry (TR) Pro Se

    2:00 PM

    2:18-11052


    Joseph Hoats


    Chapter 13

    Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats


    #1.00 Motion to Dismiss Adversary Proceeding or, in the alternative, a Motion for a More Definite

    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


    Tentative Ruling:

    None.

    Party Information

    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

    2:18-11052


    Joseph Hoats


    Chapter 13

    Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats


    #2.00 Status Conference re Complaint to determine dischargeability of debt


    fr. 6-26-18


    Docket 1


    Tentative Ruling:

    None.

    Party Information

    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

    2:18-11052


    Joseph Hoats


    Chapter 13

    Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats


    #3.00 Motion to Allow Debtor additional time to respond to any and all Adversary Proceedings, Motions, Objections Oppositions and/or other proceedings and/or on a case by case basis


    Docket 6


    Tentative Ruling:

    None.

    Party Information

    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

    2:18-14499


    Asher Wagh


    Chapter 11


    #1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


    Stipulation re dismissal of Chapter 11 Case filed 6/20/18


    Docket 15


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Asher Wagh Represented By

    Michael Jay Berger

    10:00 AM

    2:11-61048


    Yung Ok Lee


    Telephonic Hearing


    Chapter 11

    #2.00 Motion For Final Decree and Order Closing Case


    Robert K Lee to appear by telephone


    Docket 123


    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Yung Ok Lee Represented By

    Robert K Lee

    10:00 AM

    2:17-16215


    Lilia Nuno


    Chapter 11


    #3.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


    fr. 5-31-18; 6-14-18


    Docket 105


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Lilia Nuno Represented By

    Thomas B Ure

    10:00 AM

    2:17-16215


    Lilia Nuno


    Chapter 11


    #4.00 Amended Disclosure Statement Describing Plan of Reorganization


    Docket 115


    Tentative Ruling:

    None.

    Party Information

    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

    2:17-20227


    Little Saigon Supermarket, LLC


    Chapter 11


    #5.00 Post Confirmation Status Conference


    Docket 0


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub

    Amelia Puertas-Samara

    10:00 AM

    2:17-22432


    Point.360, a California Corporation

    Telephonic Hearing


    Chapter 11

    #6.00 Motion for Order Granting 90-Day Extension of Plan Acceptance Exclusivity Period


    Shane J. Moses to appear by telephone


    Docket 255

    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    Point.360, a California Corporation Represented By

    Lewis R Landau Daniel P Hogan

    10:00 AM

    2:17-14484

    RPM Harbor Services, Inc.

    Chapter 11

    #7.00 Motion for Protective Order & Notice by Creditors Jose M. Velasquez, Jose Edgar Velasquez, Anthony Calero Padilla, And William A. Velasquez

    FR. 3-7-18; 3-12-18; 4-12-18; 5-10-18

    Docket 241

    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    RPM Harbor Services, Inc. Represented By

    Vanessa M Haberbush Lane K Bogard

    David R Haberbush

    10:00 AM

    2:17-14484


    RPM Harbor Services, Inc.


    Chapter 11


    #8.00 Motion for Order Setting Procedures For Objections to, Estimations of, and/or Determination of, Secured Status of Proofs of Claims


    fr. 3-8-18; 4-12-18; 5-10-18


    Docket 162

    Tentative Ruling:

    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?

    Party Information

    Debtor(s):

    RPM Harbor Services, Inc. Represented By

    Vanessa M Haberbush Lane K Bogard

    10:00 AM

    CONT...


    Movant(s):


    RPM Harbor Services, Inc.


    David R Haberbush


    Chapter 11

    RPM Harbor Services, Inc. Represented By

    Vanessa M Haberbush Lane K Bogard

    David R Haberbush

    10:00 AM

    2:17-14484


    RPM Harbor Services, Inc.


    Chapter 11


    #9.00 Scheduling and Case Management Conference in a Chapter 11 Case


    fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18,

    5-10-18


    Docket 1

    Tentative Ruling:

    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.

    Party Information

    Debtor(s):

    RPM Harbor Services, Inc. Represented By

    Vanessa M Haberbush Lane K Bogard

    David R Haberbush

    2:00 PM

    2:18-16098


    Elfa Perez


    Chapter 7


    #1.00 Motion to vacate dismissal and Reinstate Chapter 7 Case


    Docket 23


    Tentative Ruling:

    None.

    Party Information

    Debtor(s):

    Elfa Perez Represented By

    Irma C Coler

    Trustee(s):

    Elissa Miller (TR) Pro Se

    2:00 PM

    2:17-12867


    Marco Antonio Garcia and Eco Modular Inc.,


    Chapter 7


    #2.00 Trustee's Final Report and Applications for Compensation


    Docket 0


    Tentative Ruling:

    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

    CONT...


    Marco Antonio Garcia and Eco Modular Inc.,


    Chapter 7

    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.


    Party Information

    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

    2:17-12867


    Marco Antonio Garcia and Eco Modular Inc.,


    Chapter 7


    #2.10 First & Final Fee Application for Hahn Fife & Company, Accountant


    Docket 171


    Tentative Ruling:

    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.


    Party Information

    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

    2:17-12867


    Marco Antonio Garcia and Eco Modular Inc.,


    Chapter 7


    #2.20 Application for Payment of Final Fees and

    /or Expenses for Levene, Neale, Bender, Yoo & Brill LLP


    Docket 168

    Tentative Ruling:

    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.

    Party Information

    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

    2:13-29863

    Avenue K1753, LLC

    Chapter 7


    #3.00 Chapter 7 Trustee's Motion for Order:

    1. 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


Tentative Ruling:

None.

Party Information

Debtor(s):

Avenue K1753, LLC Represented By Allan D Johnson

Trustee(s):

Peter J Mastan (TR) Represented By Nina Z Javan

Meghann A Triplett


Friday, July 6, 2018

Hearing Room

1375


11:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#1.00 Motion for Order Approving Use of Cash Collateral of Preferred Bank


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider


Monday, July 9, 2018

Hearing Room

1375


3:00 PM

2:18-15972


Playhut, Inc.


Chapter 11


#1.00 Debtor's Emergency Motion for Order:


  1. Approving Secured Purchase Money Inventory Financing Pursuant to Section 364(d) with Gateway Trade Funding;

  2. Approving Accounts Receivable Factoring Agreement Pursuant to Section 364(d) with FSW Funding

  3. Determining Good Faith Finding; and

  4. Waiving FRBP 6004(h)


Docket 70

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:18-16764

Debora Davoodi

Chapter 13


#1.00 Motion for relief from stay [UD]


RICHARD BAUGHMAN RUTH BAUGHMAN

VS DEBTOR


Docket 10

*** VACATED *** REASON: O/E 7-2-18 CASE DISMISSED

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-11928


Percival D Clarito and Rosanna D Clarito


Chapter 13


#2.00 Motion for relief from stay [PP]


BANK OF AMERICA, N.A. VS

DEBTOR


Docket 38

*** VACATED *** REASON: O/E 7-6-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:14-28442


Michelle L Eshaghpour


Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:15-13668


Greer Yvonne Davis


Chapter 13


#4.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 56


Tentative Ruling:

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.

Party Information

Debtor(s):

Greer Yvonne Davis Represented By

Rabin J Pournazarian

Movant(s):

U.S. BANK NATIONAL Represented By

10:00 AM

CONT...


Trustee(s):


Greer Yvonne Davis


Leslie M Klott Seth Greenhill Sean C Ferry


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-12547


Sheila R Davis


Chapter 13


#5.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 37

*** VACATED *** REASON: O/E 6-18-18 CASE DISMISSED

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-16778


Lisa Jordan


Chapter 13


#6.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 7


Tentative Ruling:

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

CONT...


Lisa Jordan


Chapter 13

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.

Party Information

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

2:18-16361


Stephanie Fields


Chapter 7


#7.00 Motion for relief from stay [UD]


HOLLYVALE RENTAL HOLDINGS, LLC VS

DEBTOR


Docket 10


Tentative Ruling:

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

CONT...


Stephanie Fields


Chapter 7

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.

Party Information

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

2:18-15301


Margaret Marquez Lopez


Chapter 7


#8.00 Motion for relief from stay [PP]


SANTANDER CONSUMER USA INC VS

DEBTOR


Docket 10


Tentative Ruling:

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

CONT...


Margaret Marquez Lopez


Chapter 7

compensation and is depreciating in value. All other relief is denied.



Debtor(s):

The movant shall submit an appropriate order.

Party Information

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

2:18-16026


Lupe T Martinez


Chapter 7


#9.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 8


Tentative Ruling:

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

CONT...


Debtor(s):


Lupe T Martinez


Party Information


Chapter 7

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

2:18-16026


Lupe T Martinez


Chapter 7


#10.00 Motion for relief from stay [PP]


TD AUTO FINANCE LLC VS

DEBTOR


Docket 10


Tentative Ruling:

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

CONT...


Debtor(s):


Lupe T Martinez


Party Information


Chapter 7

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

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#11.00 Motion for relief from stay [RP]


NICHOLAS J SIPPL AND LINDA HART

VS DEBTOR


fr. 4-3-18


Docket 101


Tentative Ruling:

None.

Party Information

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

2:18-16890


Sergio Cayetano Montero


Chapter 11


#12.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 5


Tentative Ruling:

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

CONT...


Sergio Cayetano Montero


Chapter 11

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.

Party Information

Debtor(s):

Sergio Cayetano Montero Represented By Onyinye N Anyama

Movant(s):

Sergio Cayetano Montero Represented By Onyinye N Anyama

2:00 PM

2:17-18258


Michael Torres


Chapter 13

Adv#: 2:17-01498 Faillace et al v. Torres et al


#1.00 Pretrial Conference re Complaint to determine dischargeability of debt


FR. 1-9-18; 2-27-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-18258


Michael Torres


Chapter 7

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


Tentative Ruling:

None.

Party Information

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

CONT...

Trustee(s):


Michael Torres


Chapter 7

David M Goodrich (TR) Represented By Richard A Marshack

2:00 PM

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01142 Hoats v. Briceno


#3.00 Status Conference re Removal fr. 6-26-18

Docket 1


Tentative Ruling:

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.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13

Adv#: 2:18-01077 Hoats v. Briceno et al


#4.00 Status Conference re Complaint for:

  1. Breach of Contract

  2. Common Counts

  3. Quantum Meruit

  4. Turnover

  5. Validity and extent of Attorney Liens [FRBP 7001(2)]

  6. 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


Tentative Ruling:

None.

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11

Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al


#5.00 Status Conference re Complaint for:

  1. intentional misrepresentation;

  2. concealment

  3. negligent misrepresentation

  4. mandatory subordination

  5. equitable subordination

  6. recharacterization

  7. objection to claims


Docket 1

*** VACATED *** REASON: O/S 6-22-18 CONTINUED TO 8-21-18 @ 2PM

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:13-29863


Avenue K1753, LLC


Chapter 7

Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al


#6.00 Trustee's Motion for Summary Judgment or in the Alternative, Summary Adjudication of Issues Against Defendant Jeffrey Licht


Docket 132

*** VACATED *** REASON: O/E 5-31-18 CONTINUED TO 7/17/18 @ 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:17-20201


New West TC, LLC


Chapter 7


#7.00 Objection to Claim #1 by Claimant Francisco Tieni and Ocean Park, SRL. in the amount of

$ 2,000,000


Docket 41

*** VACATED *** REASON: CONTINUED TO 7/19/18 @ 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:11-51842


Jesus Balbido Maquindang and Porferia Bacat Maquindang


Chapter 13


#1.00 Motion to Dismiss Case Due to Material Default with Respect to a Term of a Confirmed Plan Under 11 U.S.C. §1307(c) (6)


fr. 9-20-17; 11-15-17; 12-13-17; 2-28-18; 5-16-18


Docket 84

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 7/9/18

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:12-44878


Kevork N Ashkharian and Sonia F Ashkharian


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 5-16-18


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-30854


Jesus Cardenas and Maria Dora Cardenas


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18; 6-13-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-20111


Daniel Rivera


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18; 5-16-18


Docket 86


Tentative Ruling:

Party Information

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

2:18-13504


Andres Matias


Chapter 13


#57.00 Motion to avoid junior lien on principal residence with Ocwen Loan Servicing and/or Nationwide Credit Inc.and/or Meritage Mortgage Corporation


Docket 26


Tentative Ruling:

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

CONT...


Andres Matias


Chapter 13

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.


Party Information

Debtor(s):

Andres Matias Represented By Lionel E Giron

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-15372


Amalia Vizcarra


Chapter 13


#58.00 Motion for Setting Property Value Vehicle BMW 328i


Docket 20


Tentative Ruling:

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.

Party Information

Debtor(s):

Amalia Vizcarra Represented By

R Grace Rodriguez

1:30 PM

CONT...

Trustee(s):


Amalia Vizcarra


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-15393


David Michael Salazar


Chapter 13


#59.00 Motion to avoid junior lien on principal residence with REAL TIME RESOLUTIONS, INC.


Docket 19


Tentative Ruling:

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

CONT...


David Michael Salazar


Chapter 13

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.


Party Information

Debtor(s):

David Michael Salazar Represented By Steven Ibarra

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-17108


Antonio Luis Gilbreath and Dione Renken Gilbreath


Chapter 13


#60.00 Motion to avoid junior lien on principal residence with CitiMortgage, Inc / IndyMac Bank, FSB


Docket 14


Tentative Ruling:

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.



Party Information

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

2:18-16580


Eyiko Eleen Abarca


Chapter 13


#61.00 Motion to avoid junior lien on principal residence with C.N.C. Equity Ltd, Clara Carranza


Docket 20


Tentative Ruling:

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.

Party Information

Debtor(s):

Eyiko Eleen Abarca Represented By

R Grace Rodriguez

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-17610


Michelle Carter


Chapter 11


#1.00 U.S. Trustee Motion to dismiss or convert under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 21


Tentative Ruling:

None.

Party Information

Debtor(s):

Michelle Carter Represented By Kevin Tang

10:00 AM

2:18-11592


Wajida Alhambra


Telephonic Hearing


Chapter 11

#2.00 First Interim Fee Application for Compensation For Legal Services Rendered And Reimbursement of Expenses on Behalf of AOE Law & Associates For Debtor In Possession;


Anthony Egbase to appear by telephone


Docket 56


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle Jane Lindsey

W. Sloan Youkstetter

10:00 AM

2:12-45293


Philip L. Marchiondo


Telephonic Hearing


Chapter 11

#3.00 Post Confirmation Status Conference


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

Movant(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:16-14302


N. L. Abrolat, Inc.


Telephonic Hearing


Chapter 11

#4.00 Post Confirmation Status Conference fr. 8-3-17, 12-14-17; 4-12-18

Alan W Forsley to appear by telephone


Docket 1


Tentative Ruling:

None.

Party Information

Debtor(s):

N. L. Abrolat, Inc. Represented By Alan W Forsley

Marc A Lieberman

10:00 AM

2:17-19369


Winston O'Mally


Chapter 11


#5.00 Confirmation of Chapter 11 Plan of Reorganization


Docket 104


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#6.00 Motion For An Order Further Extending Asset Disposition Deadline Pursuant To Confirmed Plan Of Reorganization


Docket 1032


Tentative Ruling:

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.

Party Information

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

2:14-21070


Holy Hill Community Church


Chapter 11


#7.00 Principal's Motion Objecting To Palisades

Capital Partners LLC And 1111 Sunset Boulevard, LLC's Request For Allowance And Payment Of Administrative Claim


Docket 661


Tentative Ruling:

None.

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11


#8.00 Motion for Order Granting 90-Day Extension of Plan Acceptance Exclusivity Period


fr. 7-5-18


Docket 255

*** VACATED *** REASON: O/E 7-26-18 CONTINUED TO 9/6/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

10:00 AM

2:17-22432

Point.360, a California Corporation

Chapter 11

#9.00 Debtor's Disclosure Statement Describing Chapter 11 Plan

fr. 6-28-18

Docket 232

*** VACATED *** REASON: O/E 7-26-18 CONTINUED TO 9/6/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432

Point.360, a California Corporation

Chapter 11

#10.00 Scheduling and Case Management Conference in a Chapter 11 Case

fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18

Docket 15

*** VACATED *** REASON: O/E 7-26-18 CONTINUED TO 9/6/18 @ 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:16-19487

Wilma Seneviratne

Chapter 11

#11.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon

fr. 7-19-18. 8-16-18

Docket 245


Tentative Ruling:

None.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#12.00 "Final Application Of Law Offices Of Raymond

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


Tentative Ruling:

None.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#13.00 Final Application Of Marta C. Wade, Special Counsel To The Reorganized Debtor, For An

Order Approving Compensation And Reimbursement Of Expenses


fr. 8-16-18


Docket 260


Tentative Ruling:

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.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#14.00 Second and Final Application for Compensation

for MENCHACA & COMPANY LLP CPA, Accountant fr. 8-16-18

[Insufficient notice time]


Docket 266


Tentative Ruling:

None.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

2:00 PM

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#1.00 Chapter 7 Trustee's Motion for Order:

  1. Authorizing Sale of Free and Clear of Liens, Claims, and Interests

  2. Approving Proposed Overbid Procedures

  3. Determining that Buyers are Good Faith Purchasers

  4. Authorizing Payment of Costs of Sale from Escrow; and

  5. Waiving the Fourteen (14) Day Stay Prescribed

by Rule 6004(h) of the Federal Rules of Bankruptcy Procedure


Docket 153


Tentative Ruling:

None.

Party Information

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

2:17-24544


Paul Middleton Clark, Jr.


Chapter 7


#2.00 Trustee's Final Report and Applications for Compensation


Howard M Ehrenberg


Docket 37


Tentative Ruling:

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

CONT...


Paul Middleton Clark, Jr.


Chapter 7

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.

Party Information

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

2:17-24544


Paul Middleton Clark, Jr.


Chapter 7


#3.00 First and Final Fee Application of Sulmeyerkupetz, Bankruptcy Counsel to The Chapter 7 Trustee, For Allowance and Payment of Fees and Expenses


Docket 35

Tentative Ruling:

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.

Party Information

Paul Middleton Clark Jr. Represented By

Michael H Raichelson

Trustee(s):

Howard M Ehrenberg (TR) Represented By Claire K Wu


Friday, August 24, 2018

Hearing Room

1375


10:00 AM

2:18-10608


Steve Butler


Chapter 7


#1.00 EVIDENTIARY HEARING RE Motion for fines and/or disgorgement of fees against bankruptcy

petition preparer Albert Knowles dba The Bankruptcy Clinic


fr. 7-19-18


Docket 40


Tentative Ruling:

None.

Party Information

Debtor(s):

Steve Butler Represented By

Brad Weil

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:18-11966


Emile Auguste, Jr.


Chapter 13


#1.00 Motion for relief from stay [PP]


FINANCIAL SERVICES VEHICLE TRUST VS

DEBTOR


Docket 40


Tentative Ruling:

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.

Party Information

Debtor(s):

Emile Auguste Jr. Represented By Roseann Frazee

Movant(s):

10:00 AM

CONT...


Emile Auguste, Jr.


Chapter 13

Financial Services Vehicle Trust Represented By

Bret D. Allen Cheryl A Skigin

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-24631


Angela Gabriela Padron


Chapter 13


#2.00 Motion for relief from stay


SANTANDER CONSUMER USA INC VS

DEBTOR


Docket 46


Tentative Ruling:

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

CONT...


Angela Gabriela Padron


Chapter 13

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.

Party Information

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

2:13-31511


Saul Quirarte and Guadalupe Z Quirarte


Chapter 13


#3.00 Motion for relief from stay [RP]


JPMORGAN CHASE BANK NATIONAL ASSOCIATION

VS DEBTOR


Docket 110


Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Saul Quirarte and Guadalupe Z Quirarte

Grace Chang-Rodriguez


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:15-27582


Bobye Amadio


Chapter 13


#4.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR


Docket 33


Tentative Ruling:

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.

Party Information

Debtor(s):

Bobye Amadio Represented By Joseph L Pittera

10:00 AM

CONT...

Movant(s):


Bobye Amadio


Chapter 13

Freedom Mortgage Corporation Represented By

Erin M McCartney

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-13469


Jose A Amaya


Chapter 13


#5.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


VOLUNTARY DISMISSAL OF MOTION FILED 8/27/18


Docket 28


Tentative Ruling:

None.

Party Information

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

2:16-21550


Miguel Aguirre and Maria Aguirre


Chapter 13


#6.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Docket 22


Tentative Ruling:

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.

Party Information

Debtor(s):

Miguel Aguirre Represented By Rebecca Tomilowitz

10:00 AM

CONT...


Miguel Aguirre and Maria Aguirre


Chapter 13

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

2:17-13200


Gerald W. Goodman and Sylvia Goodman


Chapter 13


#7.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Stipulation and order to continue lodged on 8/15/18


Docket 33

Tentative Ruling:

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.

Party Information

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

2:17-20436

Armando Diaz

Chapter 13


#8.00 Motion for relief from stay [RP]


SPECIALIZED LOAN SERVICING LLC VS

DEBTOR


Docket 39


Tentative Ruling:

None.

Party Information

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

2:17-24912


Thomas J. Coster, Jr.


Chapter 13


#9.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY VS

DEBTOR


Docket 36


Tentative Ruling:

None.

Party Information

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

2:18-11084


Florentina Diego


Chapter 13


#10.00 Motion for relief from stay [RP]


WELLS FARGO BANK, NATIONAL ASSOCIATION VS

DEBTOR


Docket 31


Tentative Ruling:

None.

Party Information

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

2:18-18886


Carlos Rodriguez and Blanca Sanchez


Chapter 13


#11.00 Motion for relief from stay [RP]


WILMINGTON TRUST, NATIONAL ASSOCIATION VS

DEBTOR


Docket 15


Tentative Ruling:

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

CONT...


Carlos Rodriguez and Blanca Sanchez


Chapter 13

denied.


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:18-18914


Chandra Mohan Roy


Chapter 13


#12.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Chandra Mohan Roy


Chapter 13

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.

Party Information

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

2:16-18448


George G Washington


Chapter 7


#13.00 Motion for relief from stay [RP]


BAYVIEW LOAN SEVICING, LLC VS

DEBTOR


fr. 5-15-18; 6-26-18


Docket 211

*** VACATED *** REASON: O/E 8/15/18 CONTINUED TO 9/25/18 @ 10:00

Tentative Ruling:

Party Information

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

2:17-11805


Vicente Cardozo Rosas and Leobarda Flores Cruz


Chapter 7


#14.00 Motion for relief from stay [RP]


U.S. BANK N.A.

VS

DEBTOR


Docket 82


Tentative Ruling:

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

CONT...


Vicente Cardozo Rosas and Leobarda Flores Cruz

The movant shall upload an appropriate order via the Court’s LOU


Chapter 7

system.


Debtor(s):


Party Information

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

2:17-13604


Arturo Torres Magallon and Jaclyn J Torres


Chapter 7


#15.00 Motion for relief from stay [RP]


TROJAN CAPITAL INVESTMENT LLC VS

DEBTOR


Docket 72


Tentative Ruling:

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

CONT...


Arturo Torres Magallon and Jaclyn J Torres


Chapter 7


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:12-45293


Philip L. Marchiondo


Chapter 11


#16.00 Debtor's Emergency Motion for reconsideration of Order Granting Relief from the Automatic Stay to Compass Bank


fr 7-2-18, 7-17-18, 8-14-18


STIPULATION TO CONTINUE FILED 8/27/18


Docket 207


Tentative Ruling:

None.

Party Information

Debtor(s):

Philip L. Marchiondo Represented By Ian Landsberg

Movant(s):

Philip L. Marchiondo Represented By Ian Landsberg

10:00 AM

2:18-12359


Rosicela Carbajal Carlos


Chapter 13


#17.00 Motion for relief from stay [RP]


MELESIO CARLOS VS

DEBTOR


Docket 41


Tentative Ruling:

None.

Party Information

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

2:17-12867


Marco Antonio Garcia


Chapter 7

Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al


#1.00 Status Conference re Complaint for declaratory relief


Clerk Has Entered Default Against Defendant(s) Jose Gomez Clerk Has Entered Default Against Defendant(s) Eco Modular, Inc


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


Tentative Ruling:

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.

Party Information

Debtor(s):

Marco Antonio Garcia Represented By

William H Brownstein

Levene Neale Bender Yoo & Brill LLP

2:00 PM

CONT...


Marco Antonio Garcia


Chapter 7

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


Wednesday, August 29, 2018

Hearing Room

1375


10:00 AM

2:17-25778


Paula Louise Walton


Chapter 13

Adv#: 2:18-01046 Ridley v. Walton


#1.00 Trial re Complaint objecting to bankruptcy discharge


Docket 1

Party Information

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

2:18-17610


Michelle Carter


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 28


Tentative Ruling:

None.

Party Information

Debtor(s):

Michelle Carter Represented By Kevin Tang

10:00 AM

2:18-17610


Michelle Carter


Chapter 11


#1.10 U.S. Trustee Motion to dismiss or convert under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 8-23-18


Docket 21


Tentative Ruling:

None.

Party Information

Debtor(s):

Michelle Carter Represented By Kevin Tang

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#2.00 U.S. Trustee Motion to dismiss or convert under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 62


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle Jane Lindsey

W. Sloan Youkstetter

10:00 AM

2:18-18155


James Anthony Startz


Chapter 11


#3.00 U.S. Trustee Motion to dismiss or convert or Appoint a Chapter 11 Trustee Under

11 U.S.C. 1112(b)(1) with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Docket 17


Tentative Ruling:

None.

Party Information

Debtor(s):

James Anthony Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11


#4.00 Post Confirmation Status Conference


fr. 3-24-16; 7-21-16; 11-17-16; 3-30-17; 8-3-17, 12-14-17

4-12-18


Docket 0


Tentative Ruling:

None.

Party Information

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

2:14-21070


Holy Hill Community Church


Chapter 11


#4.10 Principal's Motion Objecting To Palisades

Capital Partners LLC And 1111 Sunset Boulevard, LLC's Request For Allowance And Payment Of Administrative Claim


fr. 8-23-18


Docket 661


Tentative Ruling:

None.

Party Information

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

2:17-11076


Bernice Morales


Chapter 11


#5.00 Post Confirmation Status Conference


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#6.00 Confirmation of Debtor's Plan of Reorganization fr. 8-16-18


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:13-30127


Mohdsameer Y Aljanedi


Chapter 11


#7.00 Motion By Reorganized Debtor For Entry of Discharge


Docket 171


Tentative Ruling:

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.


Party Information

Debtor(s):

Mohdsameer Y Aljanedi Represented By

M. Jonathan Hayes Roksana D. Moradi-Brovia

10:00 AM

2:13-24363


Even St. Productions Ltd.


Chapter 11


#8.00 Creditor and Equity Interest Owner Sylvester Stewart's Motion to resolve a dispute on account of the ssettlement agreement


Docket 1035


Tentative Ruling:

None.

Party Information

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

2:17-10470


California Siding, Inc.


Chapter 7


#1.00 Trustee's Final Report and Applications for Compensation


Docket 41


Tentative Ruling:

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

CONT...


California Siding, Inc.


Chapter 7


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.


Party Information

Debtor(s):

California Siding, Inc. Represented By

L. Walker Van Antwerp III

Trustee(s):

Brad D Krasnoff (TR) Pro Se

2:00 PM

2:17-13754


Imelda Tacto Oribello and Baltazar Nalupa Oribello


Chapter 7


#2.00 Trustee's Final Report and Applications for Compensation


Docket 92


Tentative Ruling:

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

CONT...


Imelda Tacto Oribello and Baltazar Nalupa Oribello


Chapter 7


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.

Party Information

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

2:18-17788


Aveta Parsazad


Chapter 7


#3.00 Order to Show Cause re dismissal of involuntary case


Docket 5


Tentative Ruling:

None.

Party Information

Debtor(s):

Aveta Parsazad Pro Se

2:00 PM

2:18-18717


Ricardo Lopez


Chapter 7


#4.00 Order to Show Cause re dismissal of involuntary case


Docket 4


Tentative Ruling:

None.

Party Information

Debtor(s):

Ricardo Lopez Pro Se

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7


#5.00 Motion for Approval of Compromise with Pierluigi Biasiolo and Renergy Alliance Corporation


Docket 169


Tentative Ruling:

None.

Party Information

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

2:18-18503


Soheyla Richter


Chapter 13


#6.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 28


Tentative Ruling:

None.

Party Information

Debtor(s):

Soheyla Richter Pro Se

Movant(s):

Soheyla Richter Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-18976


Hwa Su Kim


Chapter 13


#1.00 Motion for relief from stay [UD]


CARON NORMANDIE PLAZA, LLC VS

DEBTOR


Docket 7


Tentative Ruling:

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

CONT...


Hwa Su Kim


Chapter 13

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.

Party Information

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

2:15-29368


Andrew Kim and Kim S. Kim

Telephonic Hearing


Chapter 13

#2.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 22


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Andrew Kim and Kim S. Kim


Chapter 13

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

2:16-25533


Regina Gale Willis


Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 27


Tentative Ruling:

None.

Party Information

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

2:16-25729


Vartan Vartanyan


Telephonic Hearing


Chapter 13

#4.00 Motion for relief from stay [PP]


QUANTUM3 GROUP LLC VS

DEBTOR


Austin P. Nagel to appear by telephone


Docket 24


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Vartan Vartanyan


Chapter 13

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

2:17-10623


William Ronald Lively and Kathleen Ann Lively


Chapter 13


#5.00 Motion for relief from stay [PP]


JPMORGAN CHASE BANK, N.A. VS

DEBTOR


Docket 42


Tentative Ruling:

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.

Party Information

Debtor(s):

William Ronald Lively Represented By Louis J Esbin

10:00 AM

CONT...


William Ronald Lively and Kathleen Ann Lively


Chapter 13

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

2:18-16008


Alexander Macoy Epino and Joann Consolacion-Dom Epino


Chapter 13


#6.00 Motion for relief from stay [PP]


MMCA LEASE LTD VS

DEBTOR


Docket 22


Tentative Ruling:

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.

Party Information

Debtor(s):

Alexander Macoy Epino Represented By Lawrence B Yang

10:00 AM

CONT...


Alexander Macoy Epino and Joann Consolacion-Dom Epino


Chapter 13

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

2:12-47735


Lilia Velasco


Chapter 13


#7.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr. 3-6-18; 4-3-18; 6-12-18, 7-17-18


Docket 99


Tentative Ruling:

None.

Party Information

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

2:14-28442


Michelle L Eshaghpour


Chapter 13


#8.00 Motion for relief from stay [RP]


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


Tentative Ruling:

None.

Party Information

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

2:17-16019


Clettious E Woolfork


Chapter 13


#9.00 Motion for relief from stay [RP]


JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

VS DEBTOR


fr. 8-14-18


Docket 41

*** VACATED *** REASON: O/E 8-29-18 SETTLED BY STIPULATION

Tentative Ruling:

None.

Party Information

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

2:17-19201


Araceli V. Mickes


Chapter 13


#10.00 Motion for relief from stay [RP]


WILMINGTON SAVINGS FUND SOCIETY, FSB VS

DEBTOR fr. 8-14-18

Stipulation for adequate protection filed 8/23/18


Docket 23

*** VACATED *** REASON: O/E 8/27/18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:17-20776


Wilbert Bradford, Jr


Chapter 13


#11.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY VS

DEBTOR


fr 6-26-18, 7-17-18


Docket 38

*** VACATED *** REASON: O/E 8-27-18 SETTLED BY STIPULATION

Tentative Ruling:

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.

Party Information

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

2:17-25695


Cesar Garza and Norma Robles


Chapter 13


#12.00 Motion for relief from stay [RP]


U.S. BANK TRUST, N.A. VS

DEBTOR(S) fr. 8-14-18

Stipulation for adequate protection filed 8/30/18


Docket 35


Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Cesar Garza and Norma Robles


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:15-19718


VELLADEMEIR PARSADANIAN


Chapter 13


#13.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR


Stipulation for adequate protection filed 8/30/18


Docket 49


Tentative Ruling:

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.

Party Information

Debtor(s):

VELLADEMEIR PARSADANIAN Represented By

Shirlee L Bliss

10:00 AM

CONT...

Movant(s):


VELLADEMEIR PARSADANIAN


Chapter 13

Nationstar Mortgage LLC as Represented By Nancy L Lee Merdaud Jafarnia

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-19518


Gary Alvarez and Jodi Alvarez

Telephonic Hearing


Chapter 13

#14.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Charles J Brash to appear by telephone


Docket 132


Tentative Ruling:

None.

Party Information

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

2:18-12299


Khamshabe Koochof and Herachik Koochof


Chapter 13


#15.00 Motion for relief from stay [RP]


DEUTSCHE BANK TRUST COMPANY AMERICAS

VS DEBTOR


Docket 36


Tentative Ruling:

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.



Party Information

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

CONT...

Trustee(s):


Khamshabe Koochof and Herachik Koochof


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-14328


Shahram Sharifi


Telephonic Hearing


Chapter 13

#16.00 Motion for relief from stay [RP]


CITIBANK, N.A.

VS

DEBTOR


Stipulation re adequate protection filed 8/31/18 Megan Lees to appear by telephone

Docket 24


Tentative Ruling:

None.

Party Information

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

2:18-19228


Betty Brandly


Chapter 13


#17.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 9


Tentative Ruling:

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

CONT...


Betty Brandly


Chapter 13

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.

Party Information

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

2:18-19325


Richard Romero


Chapter 13


#18.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 12


Tentative Ruling:

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.

Party Information

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

2:18-19337


Celestino Lopez and Dinora Elizabeth Lopez


Chapter 13


#19.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 15


Tentative Ruling:

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

CONT...


Celestino Lopez and Dinora Elizabeth Lopez


Chapter 13

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.

Party Information

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

2:18-16194


David Blaine Campbell


Chapter 7


#20.00 Motion for relief from stay [UD]


SAMUEL CONDORETTI VS

DEBTOR


Docket 21

Tentative Ruling:

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.

Party Information

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

2:18-18197


Donald Armstrong


Chapter 7


#21.00 Motion for relief from stay [UD]


SECRETARY OF HOUSING AND URBAN DEVELOPMENT

VS DEBTOR


Docket 11


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Donald Armstrong


Chapter 7

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

2:18-19212


Maria O. Ahumada


Chapter 13


#22.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 4


Tentative Ruling:

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

CONT...


Maria O. Ahumada


Chapter 13


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.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548 Mastan v. Biasiolo et al


#1.00 Motion for Default Judgment Under LBR 7055-1 fr 6-5-18, 8-14-18

Docket 18

Tentative Ruling:

This hearing is taken OFF CALENDAR. The Court approved a settlement of this matter.

Party Information

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

CONT...


Carlo Bondanelli


Chapter 7

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01548 Mastan v. Biasiolo et al


#2.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18, 3-6-18; 5-15-18; 6-5-18, 8-14-18


Docket 1


Tentative Ruling:

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.

Party Information

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

CONT...


Carlo Bondanelli


Aleksandra Zimonjic


Chapter 7

2:00 PM

2:17-22432


Point.360, a California Corporation


Chapter 11

Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al


#3.00 Status Conference re Complaint for:

  1. intentional misrepresentation;

  2. concealment

  3. negligent misrepresentation

  4. mandatory subordination

  5. equitable subordination

  6. recharacterization

  7. 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


Tentative Ruling:

None.

Party Information

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

CONT...


Point.360, a California Corporation


Chapter 11

Plaintiff(s):

Point.360, a California Corporation Represented By

Lewis R Landau

2:00 PM

2:18-12359


Rosicela Carbajal Carlos


Chapter 13

Adv#: 2:18-01156 Carbajal Carlos v. Carlos


#4.00 Order to Show Cause re Dismissal


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-12359


Rosicela Carbajal Carlos


Chapter 13

Adv#: 2:18-01156 Carbajal Carlos v. Carlos


#5.00 Status Conference re Complaint to recover money for breach of contract


fr 7-17-18; 8-21-18


Docket 1


Tentative Ruling:

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.

Party Information

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

2:18-15972


Playhut, Inc.


Telephonic Hearing


Chapter 11

#1.00 Motion for Order Approving Use of Cash Collateral of Preferred Bank


fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18

8-16-18


Docket 2


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

9:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


Fr. 7-19-18; 8-16-18


Docket 15


Tentative Ruling:

None.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

9:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#3.00 Debtor's Disclosure Statement Describing Chapter 11 Plan


fr. 6-28-18; 8-23-18


Docket 232


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

9:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#4.00 Motion for Allowance and Immediate Payment of Administrative Expense Claim Pursuant to 11 USC § 503(b)(1)(A)


fr. 8-16-18


Docket 284


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

9:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#5.00 Motion for Order Granting 90-Day Extension of Plan Acceptance Exclusivity Period


fr. 7-5-18; 8-23-18


Docket 255


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

9:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18


Docket 15


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#1.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18


Docket 0

*** VACATED *** REASON: O/E 9/04/18 CONTINUED TO 12/13/18 @ 10 AM

Tentative Ruling:

This scheduling and case management conference is CONTINUED to

December 13, 2018 at 10:00 a.m. Appearances waived.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle J Lindsey

W. Sloan Youkstetter

10:00 AM

2:17-10870


Cedric Leonardi


Chapter 11


#2.00 Motion to Enforce Order and Settlement


Docket 237


Tentative Ruling:

None.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

10:00 AM

2:16-19487


Wilma Seneviratne


Chapter 11


#3.00 Objection To Claim Of Behrouz Aframian [Claim No. 4]


fr. 1-18-18; 5-3-18; 6-28-18


Docket 193

*** VACATED *** REASON: O/E 7/25/18 APPROVING STIPULATION ALLOWING CLAIM

Tentative Ruling:

None.

Party Information

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

2:16-19487


Wilma Seneviratne


Chapter 11


#4.00 Post Confirmation Status Conference fr 12-14-17, 1-18-18, 5-10-18; 6-28-18

Docket 0


Tentative Ruling:

This post-confirmation status conference is CONTINUED to October 4, 2018 at 10:00 a.m. Appearances waived.

Party Information

Debtor(s):

Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#5.00 Debtor's Disclosure Statement Describing Chapter 11 Plan


fr. 6-28-18; 8-23-18


Docket 232

*** VACATED *** REASON: MATTER WILL BE HEARD AT 9:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#6.00 Motion for Allowance and Immediate Payment of Administrative Expense Claim Pursuant to 11 USC § 503(b)(1)(A)


Docket 284

*** VACATED *** REASON: MATTER WILL BE HEARD AT 9:00 A.M.

Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#7.00 Motion for Order Granting 90-Day Extension of Plan Acceptance Exclusivity Period


fr. 7-5-18; 8-23-18


Docket 255

*** VACATED *** REASON: MATTER WILL BE HEARD AT 9:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#8.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18


Docket 15

*** VACATED *** REASON: MATTER WILL BE HEARD AT 9:00 A.M.

Tentative Ruling:

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.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:07-00000 Chapter


#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:10-38287


James A Baltutis


Chapter 13


#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18

6-27-18


Docket 78


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James A Baltutis Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Represented By

Nancy K Curry (TR)

1:30 PM

2:11-60478


Monique M. Adams


Chapter 13


#2.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18

6-27-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monique M. Adams Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-44878


Kevork N Ashkharian and Sonia F Ashkharian


Chapter 13


#3.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 5-16-18; 7-11-18


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:12-47685


Adrian Eslava


Chapter 13


#4.00 Trustee's Motion to Dismiss Case Due to a Material Defualt of a Plan Provision


fr 7-11-18


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adrian Eslava Represented By

R Grace Rodriguez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-51771


John Darmozadeh and Hilda Darmozadeh


Chapter 13


#5.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 6-27-18


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-21520


Raquel Flores Concepcion


Chapter 13


#6.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 8-22-18


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raquel Flores Concepcion Represented By Matthew D. Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-23588


Omar Kader


Chapter 13


#7.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 8-22-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Omar Kader Represented By

Michael Jay Berger

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-23814


Inna Dmitriev


Chapter 13


#8.00 Trustee's Motion to Dismiss Case Under 11

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Inna Dmitriev Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-26778


Yeng Song and Mai Lee Song


Chapter 13


#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-11-18; 6-27-18


Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-30854


Jesus Cardenas and Maria Dora Cardenas


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18; 6-13-18; 7-11-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:13-32210


Abraham Christopher Silva


Chapter 13


#11.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18; 5-16-18; 6-27-18


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-33752


Zoila Mercedes Salazar


Chapter 13


#12.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 90


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Zoila Mercedes Salazar Represented By Jeffrey N Wishman

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-28971


Eduard Akopyan


Chapter 13


#13.00 Trustee's Motion to Dismiss Case under

U.S.C. 1307(c)


fr 3-28-18; 7-11-18


Docket 42

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 8/7/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eduard Akopyan Represented By Tyson Takeuchi Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-31590


Edwin Ernesto Lima and Judith Maribel Lima


Chapter 13


#14.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18; 6-27-18


Docket 77


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:14-33804


Margaret E Jones


Chapter 13


#15.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margaret E Jones Represented By Elena Steers

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26937


Lloyd M Roberson


Chapter 13


#16.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 5-16-18; 7-18-18


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lloyd M Roberson Represented By Christie Cronenweth

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-27786


Ivis Lenard Byles


Chapter 13


#17.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr 6-27-18


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ivis Lenard Byles Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-12526


Shana Rae Kelly


Chapter 13


#18.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shana Rae Kelly Represented By Thomas B Ure

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-17426


Ricardo Ramos and Lucina Ramos


Chapter 13


#19.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-18825


Travis Lovell Lindsey, Sr.


Chapter 13


#20.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-11-18


Docket 30

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 7/31/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Travis Lovell Lindsey Sr. Represented By Todd J Roberts

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-20912


David Alexander Sanchez


Chapter 13


#21.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 4-11-18; 6-13-18; 7-11-18


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Alexander Sanchez Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23031


Guilmar Alfredo Ruano


Chapter 13


#22.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 3-7-18; 5-16-18; 7-11-18


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23851


Lisa Marie Battiest


Chapter 13


#23.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-11-18


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lisa Marie Battiest Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-27002


Juan Jose Soria Jimenez and Maria Del Carmen Duran


Chapter 13


#24.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr. 4-18-18; 6-27-18


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-10751


Ouida Michiko Woods


Chapter 13


#25.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-11-18


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ouida Michiko Woods Represented By Philomena N Nzegge

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-11975


Trina Lanette Ward


Chapter 13


#26.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


fr. 4-18-18; 6-27-18


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Trina Lanette Ward Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-14937


Charlana Lafon Ragland


Chapter 13


#27.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-11-18


Docket 42

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 8-7-18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charlana Lafon Ragland Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-17262


Imelda Sabillo Garcia-Fernandez


Chapter 13


#28.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 7-11-18


Docket 66


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Imelda Sabillo Garcia-Fernandez Represented By

Emilia N McAfee

Trustee(s):

Nancy K Curry (TR) Represented By Emilia N McAfee

1:30 PM

2:17-17715


Jose Gutierrez


Chapter 13


#29.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Gutierrez Represented By Lauren Rode Yelena Gurevich

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20789


Jose Hernandez


Chapter 13


#30.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 7-18-18


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Hernandez Represented By Richard A Loa

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-21321


Linda C Sanchez


Chapter 13


#31.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 5-30-18; 7-18-18; 8-22-18


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Linda C Sanchez Represented By Julie J Villalobos

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24019


Ricardo Frankie Barboza


Chapter 13


#32.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


fr 6-27-18


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ricardo Frankie Barboza Represented By Steven A Alpert

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-16910


Vilma Enelda Iglesias


Chapter 13


#33.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vilma Enelda Iglesias Represented By Charles J Brash

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-26787


Claudia Jean Hamler


Chapter 13


#34.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Claudia Jean Hamler Represented By Gregory M Shanfeld

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-13583


Julio C. Sanchez and Erica R. Sanchez


Chapter 13


#35.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-19091


David Becerra and Mariaelena Morales Becerra


Chapter 13


#36.00 Trustee's Motion to Dismiss Case Due to

a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 61


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-24424


Maria Christine Pingol Esclibano


Chapter 13


#37.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Christine Pingol Esclibano Represented By

Hasmik Jasmine Papian

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-25269


Frank D Finocchio and Jessica A Finocchio


Chapter 13


#38.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:16-26124


Rene Garcia


Chapter 13


#39.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rene Garcia Represented By

Todd J Roberts

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-12919


Desmond Paul McLean


Chapter 13


#40.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 44

*** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 9/7/18

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Desmond Paul McLean Represented By Jeffrey J Hagen

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-16381


Theresa E. Pace


Chapter 13


#41.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Theresa E. Pace Represented By

W. Derek May

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-18585


Leobardo Alaniz


Chapter 13


#42.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leobardo Alaniz Represented By Luis G Torres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24011


Jose Antonio Herrarte


Chapter 13


#43.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Antonio Herrarte Represented By William G Cort

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-25695


Cesar Garza and Norma Robles


Chapter 13


#44.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:18-11632


Dave Behar


Chapter 13


#45.00 Motion to dismiss or convert to Chapter 7; 11 USC §§ 1307, 109(g), 349,

LBR 3015-1(k), (m)


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dave Behar Represented By

Matthew D. Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-12138


Tisa L. Shavers


Chapter 13


#46.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tisa L. Shavers Represented By Joshua L Sternberg

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-12938


Magno Duenas and Elizabeth Duenas


Chapter 13


#46.10 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-15129


Erik G Fine


Telephonic Hearing


Chapter 13

#46.20 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


Devin Sawdayi to appear by telephone


Docket 23


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erik G Fine Represented By

Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13317


Jennifer Goodie


Telephonic Hearing


Chapter 13

#46.30 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments


Devin Sawdayi to appear by telephone


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Goodie Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#47.00 Motion to modify plan or suspend plan payments fr 12-13-17; 2-14-18; 4-18-18; 6-27-18

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

S Renee Sawyer Blume

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:13-34917


Angela D Walton


Chapter 13


#48.00 Trustee's Motion to Dismiss Case Due to

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


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela D Walton Represented By Matthew D Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#49.00 Motion to modify plan or suspend plan payments fr 6-27-18; 7-18-18; 8-22-18

Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-16237


Asfren Ibanez Bautista and Tricia Louise Bautista


Chapter 13


#50.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments


fr. 4-18-18; 6-27-18; 7-18-18; 8-22-18


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:17-24885


Gerardo Ricardo Preciado


Chapter 13


#51.00 Motion to Modify Plan or suspend plan payments


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gerardo Ricardo Preciado Represented By Raymond Perez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-24885


Gerardo Ricardo Preciado


Chapter 13


#52.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 8-22-18


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gerardo Ricardo Preciado Represented By Raymond Perez

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-13815


SALVADOR MUNOZ


Chapter 13


#53.00 Motion to modify plan or suspend plan payments


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

SALVADOR MUNOZ Represented By Omar Zambrano

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Telephonic Hearing


Chapter 13

#54.00 Motion RE: Objection to Claim Number 5 by Claimant Ulara Rogers (FKA Ulara Berglund)


fr 5-16-18; 8-22-18


Devin Sawdayi to appear by telephone


Docket 38


Tentative Ruling:

None.

Party Information

Debtor(s):

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:16-23048


Keith Berglund


Chapter 13


#55.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision


fr 2-14-18; 4-11-18; 5-16-18; 8-22-18


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Keith Berglund Represented By Devin Sawdayi

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-51187


Lashun S. Dickson


Chapter 13


#56.00 Order to Appear and Show Cause re Closing of Case without entry of discharge


Docket 43


Tentative Ruling:

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.

Party Information

Debtor(s):

Lashun S. Dickson Represented By Stephen L Burton

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:14-33863


YOLANDA E. FLORES


Chapter 13


#57.00 Order to Appear and Show Cause re Closing of Case without entry of discharge


Docket 54

Tentative Ruling:

The Order to Show Cause is discharged. Debtor has filed the necessary documents. This matter is now OFF CALENDAR. Appearances waived.

Party Information

Debtor(s):

YOLANDA E. FLORES Represented By Renee E Sanders

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:15-28929

Isaias L Ferrer

Chapter 13

#58.00 Order to Appear and Show Cause re Closing of Case without entry of discharge

Docket 66


Tentative Ruling:

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.

Party Information

Debtor(s):

Isaias L Ferrer Represented By Justin D Graham

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-25660


Marcelo E Polanco


Chapter 13


#59.00 Application for Allowance of fees and expenses following dismissal


Case dismissed 7/3/18


fr 8-22-18


Docket 27


Tentative Ruling:

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.

Party Information

Marcelo E Polanco Represented By LeRoy Roberson

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-23892


Angela Marie Carfino-Hines


Chapter 13


#60.00 Application for Compensation for Scott Kosner, Debtor's Attorney


Docket 28


Tentative Ruling:

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.

Party Information

Debtor(s):

Angela Marie Carfino-Hines Represented By Scott Kosner

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-19571


Benjie L Knox


Telephonic Hearing


Chapter 13

#61.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Cassandra Richey to appear by telephone


Docket 12


Tentative Ruling:

None.

Party Information

Debtor(s):

Benjie L Knox Represented By Sunita N Sood

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:17-20458


Nicholas Andrew Colachis


Chapter 13


#61.10 Motion to: Vacate Order Dismissing Case; Reinstate Chapter 13 Case; and Reinstate Automatic Stay Nunc Pro Tunc June 21, 2018


Docket 46


Tentative Ruling:

None.

Party Information

Debtor(s):

Nicholas Andrew Colachis Pro Se

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:12-52054


Patricia Nickell


Chapter 13


#62.00 Motion for Determination of Final Cure and Payment of Post-Petition Amounts to U.S. Bank Trust National Association/ Shellpoint Mortgage Servicing,


Stipulation to continue hearing filed 9/8/18


Docket 66


Tentative Ruling:

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.

Party Information

Debtor(s):

Patricia Nickell Represented By Charles Shamash Joseph Caceres

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-18026


Joyce Annette Aguebor


Chapter 13


#63.00 Motion to Withdraw as Attorney


Docket 35


Tentative Ruling:

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.

Party Information

Debtor(s):

Joyce Annette Aguebor Represented By

D Justin Harelik

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-18677


Andre Vaughn Richardson


Chapter 13


#64.00 Motion for Setting Property Value re 2013 Dodge Challenger SXT securing lien in favor of Santander Consumer USA, Inc.


Docket 11


Tentative Ruling:

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.

Party Information

Debtor(s):

Andre Vaughn Richardson Represented By

1:30 PM

CONT...


Trustee(s):


Andre Vaughn Richardson


David P Farrell


Chapter 13

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-17142


Ruben Raul Ruano


Chapter 13


#65.00 Motion to avoid junior lien on principal residence with SPECIALIZED LOAN SERVICING, LLC


Docket 22


Tentative Ruling:

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

CONT...


Ruben Raul Ruano


Chapter 13


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.


Party Information

Debtor(s):

Ruben Raul Ruano Represented By Neil R Hedtke

Trustee(s):

Nancy K Curry (TR) Pro Se

1:30 PM

2:18-19325


Richard Romero


Chapter 13


#66.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


fr. 9-4-18


Docket 12


Tentative Ruling:

None.

Party Information

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

2:18-11052


Joseph Hoats


Chapter 13


#1.00 EVIDENTIARY HEARING RE Objection to

Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67


fr 5-30-18; 6-13-18


Docket 35

*** VACATED *** REASON: 0/e 9-10-18 CONTINUED TO 12/17/18 @ 11:00 A.M.

Tentative Ruling:

None.

Party Information

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

2:18-15972


Playhut, Inc.


Chapter 11


#2.00 Emergency Motion for entry of an Order :


  1. (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;

  2. (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


Tentative Ruling:

None.

Party Information

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

2:15-24039


Tyrone Elijah Tarvin


Chapter 13


#1.00 Motion for relief from stay [PP]


DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT

VS DEBTOR


Docket 48


Tentative Ruling:

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

Party Information

Debtor(s):

Tyrone Elijah Tarvin Represented By

10:00 AM

CONT...


Movant(s):


Tyrone Elijah Tarvin


Jacqueline D Serrao


Chapter 13

Diamond Resorts U.S. Collection Represented By

Thomas R Mulally

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:16-19647


Debbie V. Hughes-Lopez

Telephonic Hearing


Chapter 13

#2.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P Nagel to appear by telephone


Docket 27


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Debbie V. Hughes-Lopez


Chapter 13

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

2:17-24474


Louie Diaz, Jr.


Telephonic Hearing


Chapter 13

#3.00 Motion for relief from stay [PP]


TD AUTO FINANCE LLC VS

DEBTOR


Sheryl K. Ith to appear by telephone


Docket 24

*** VACATED *** REASON: O/E 9-14-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:18-12318

Francis Xavier M. Garcia and Therese Marie Castro Garcia

Telephonic Hearing

Chapter 13

#4.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P Nagel to appear by telephone


Docket 45

*** VACATED *** REASON: O/E 9-14-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-14504


Daniel Monterroso Hernandez

Telephonic Hearing


Chapter 13

#5.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Austin P Nagel to appear by telephone


Docket 34


Tentative Ruling:

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

CONT...


Daniel Monterroso Hernandez


Chapter 13


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:14-17501


Josefina Cruz


Chapter 13


#6.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


fr 6-12-18, 7-17-18, 8-14-18


Docket 53

*** VACATED *** REASON: O/S 9-10-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

CONT...


Josefina Cruz


Chapter 13

10:00 AM

2:15-20737


Raequel K. London


Telephonic Hearing


Chapter 13

#7.00 Motion for relief from stay [RP]


SPECIALIZED LOAN SERVICING LLC VS

DEBTOR fr. 8-14-18

Erin McCartney to appear by telephone


Docket 36


Tentative Ruling:

None.

Party Information

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

2:16-21550


Miguel Aguirre and Maria Aguirre


Chapter 13


#8.00 Motion for relief from stay [RP]


NATIONSTAR MORTGAGE LLC VS

DEBTOR fr 8-28-18

Docket 22

*** VACATED *** REASON: O/E 8-29-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:16-24634

Nazem D Rajha and Manar Mayalah

Chapter 13


#9.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


fr. 8-14-18


Docket 44


Tentative Ruling:

None.

Party Information

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

2:17-23132


Joseph Fields Jr


Telephonic Hearing


Chapter 13

#10.00 Motion for relief from stay [RP]


PACIFIC UNION FINANCIAL, LLC VS

DEBTOR fr. 8-14-18

Cassandra Richey to appear by telephone


Docket 62


Tentative Ruling:

None.

Party Information

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

2:18-12359


Rosicela Carbajal Carlos


Chapter 13


#11.00 Motion for relief from stay [RP]


MELESIO CARLOS VS

DEBTOR fr. 8-28-18

Docket 41


Tentative Ruling:

None.

Party Information

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

2:15-26926


Tomacka Thrasher


Chapter 13


#12.00 Motion for relief from stay [RP]


HABITAT FOR HUMANITY VS

DEBTOR


Docket 64


Tentative Ruling:

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

CONT...


Tomacka Thrasher


Chapter 13

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.

Party Information

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

2:16-15827


Anna M Soto


Chapter 13


#13.00 Motion for relief from stay [RP]


FREEDOM MORTGAGE CORPORATION VS

DEBTOR


Docket 53


Tentative Ruling:

None.

Party Information

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

2:17-17096


Rusty Eugene Jarreau


Chapter 13


#14.00 Motion for relief from stay [RP]


SELECT PORTFOLIO SERVICING INC VS

DEBTOR


Stipulation re: adequate protection filed 9/17/18


Docket 57

*** VACATED *** REASON: O/E 9-17-18 SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

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

2:18-11440


Jose Rivera and Rita Maria Rivera


Chapter 13


#15.00 Motion for relief from stay [RP]


TROJAN CAPITAL INVESTMENTS, LLC VS

DEBTOR


Docket 34


Tentative Ruling:

None.

Party Information

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

2:18-15044


Patricia Ann McCorvey


Chapter 13


#16.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Docket 20

*** VACATED *** REASON: O/E 9-10-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:18-15858

Stella Robinson

Chapter 13

#17.00 Motion for relief from stay [RP] YMRH NORTH 4 P LLC

VS DEBTOR


Case dismissed 6-11-18


Docket 19


Tentative Ruling:

None.

Party Information

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

2:18-18967


Justin Trent Tabamo


Chapter 13


#18.00 Motion for relief from stay [RP]


FCI LENDER SERVICES, INC. VS

DEBTOR


Case dismissed 9-7-18


Docket 11


Tentative Ruling:

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

CONT...


Justin Trent Tabamo


Chapter 13

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.

Party Information

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

2:18-18989


William Hardwick III


Chapter 13


#19.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Case dismissed 8-21-18


Docket 10


Tentative Ruling:

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

CONT...


William Hardwick III


Chapter 13

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.

Party Information

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

2:18-19212


Maria O. Ahumada


Chapter 13


#20.00 Motion for relief from stay [RP]


WELLS FARGO BANK, N.A. VS

DEBTOR


Settled by Stipulation O/L 9-14-18


Docket 20

*** VACATED *** REASON: O/E 9-17-18 SETTLED BY STIPULATION

Tentative Ruling:

Party Information

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

2:18-19762

Monique Doniese Arbuckle

Chapter 13

#21.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 10


Tentative Ruling:

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

CONT...


Monique Doniese Arbuckle

According to the evidence, debtor seeks a continuation of the


Chapter 13

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.

Party Information

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

2:18-19826


Dorothy Irene Carr


Chapter 13


#22.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Case dismissed 9/11/18


Docket 8

*** VACATED *** REASON: CASE DISMISSED 9/11/18

Tentative Ruling:

Party Information

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

2:18-20140


Silvia Lopez


Chapter 13


#23.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 8


Tentative Ruling:

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

CONT...


Silvia Lopez


Chapter 13

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.

Party Information

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

2:18-17929


Armine Karapetyan


Chapter 7


#24.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 13


Tentative Ruling:

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.

Party Information

Debtor(s):

Armine Karapetyan Represented By Aris Artounians

Movant(s):

Toyota Motor Credit Corporation, Represented By

10:00 AM

CONT...


Trustee(s):


Armine Karapetyan


Austin P Nagel


Chapter 7

Peter J Mastan (TR) Pro Se

10:00 AM

2:17-18258


Michael Torres and Carla Torres


Chapter 7


#25.00 Motion for relief from stay [RP]


THE BANK OF NEW YORK MELLON VS

DEBTOR


Docket 169


Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Michael Torres and Carla Torres


Chapter 7

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

2:16-25533


Regina Gale Willis


Chapter 13


#26.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR fr 9-4-18

Docket 27


Tentative Ruling:

None.

Party Information

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

2:17-25254


Alfredo Espinoza


Chapter 13


#27.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 38


Tentative Ruling:

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.

Party Information

Debtor(s):

Alfredo Espinoza Represented By Sanaz S Bereliani

Movant(s):

U.S BANK NATIONAL Represented By

10:00 AM

CONT...


Trustee(s):


Alfredo Espinoza


Joseph C Delmotte Kelsey X Luu


Chapter 13

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-16625


Susan Hawkins


Chapter 13


#28.00 Motion for relief from stay [RP]


JPMORGAN CHASE BANK NATIONAL ASSOCIATION

VS DEBTOR


Case dismissed 6-26-18


Docket 14


Tentative Ruling:

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)

  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. 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

    CONT...


    Susan Hawkins


    Chapter 13

    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.

    Party Information

    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

    2:16-19671


    Consuelo Munoz


    Chapter 7

    Adv#: 2:18-01226 Goodrich v. CITIBANK et al


    #1.00 Status Conference re Complaint for turnover


    Docket 1


    Tentative Ruling:

    None.

    Party Information

    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

    2:13-29863


    Avenue K1753, LLC


    Chapter 7

    Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al


    #2.00 Pretrial Conference re Second Amended Complaint For:


    1. Avoidance of Preferential Transfers [11 U.S.C. § 547];

    2. Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);

    3. Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];

    4. Recovery of Avoided Transfers [11 U.S.C. § 550];

    5. 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

Jeffrey Licht & Associates, Inc.


Docket 20

Tentative Ruling:

The Court granted the Trustee's Motion for Summary Judgment This

2:00 PM

CONT...

Avenue K1753, LLC

Chapter 7

pre-trial conference is OFF CALENDAR. Appearances waived.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01547 Mastan v. Bondanelli et al


#3.00 Status Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr 1-30-18


Docket 1

*** VACATED *** REASON: O/S 8/30/18 CONTINUED TO 11/06/18 @ 2:00 PM

Tentative Ruling:

Party Information

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

CONT...

Trustee(s):


Carlo Bondanelli


Chapter 7

Peter J Mastan (TR) Represented By John P Reitman

Aleksandra Zimonjic

2:00 PM

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al


#4.00 Pretrial Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18


Docket 1

*** VACATED *** REASON: O/S 8/30/18 CONTINUED TO 11/06/18 @ 2:00 PM

Tentative Ruling:

None.

Party Information

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

2:14-27656


Carlo Bondanelli


Chapter 7

Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et


#5.00 Pretrial Conference re Complaint to Set Aside and Recover Fraudulent Transfers


fr. 1-30-18


Docket 1

*** VACATED *** REASON: O/S 8/30/18 CONTINUED TO 11/06/18 @ 2:00 PM

Tentative Ruling:

None.

Party Information

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

CONT...


Carlo Bondanelli


Chapter 7

2:00 PM

2:17-19608


Kippy Lynn Miller


Chapter 13

Adv#: 2:18-01206 Miller v. Allen


#6.00 Motion to Dismiss Adversary Proceeding


Docket 4


Tentative Ruling:

None.

Party Information

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

2:17-19608


Kippy Lynn Miller


Chapter 13

Adv#: 2:18-01206 Miller v. Allen


#7.00 Status Conference re Complaint to determine validity of a lien pursuant to Bankruptcy Rule 7001(2)


fr. 8-14-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-10312


Guillermo Olid-Moreno


Chapter 13

Adv#: 2:18-01222 Olid-Moreno v. Sykes


#8.00 Motion to Dismiss Adversary Proceeding


Docket 4


Tentative Ruling:

None.

Party Information

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

2:18-10312


Guillermo Olid-Moreno


Chapter 13

Adv#: 2:18-01222 Olid-Moreno v. Sykes


#9.00 Status Conference re Complaint for disallowance of claim # 1-1, quiet title, damages and recission of contract for:

  1. Fraud

  2. Breach of Fiduciary Duty

  3. Intentional Infliction of Emotional Distress

  4. Disallowance of Unenforceable Claim


Docket 1


Tentative Ruling:

None.

Party Information

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

2:18-18895


Thresiamma Mathew


Telephonic Hearing


Chapter 11

#1.00 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


Stella Havkin to appear by telephone


Docket 14


Tentative Ruling:

None.

Party Information

Debtor(s):

Thresiamma Mathew Represented By Stella A Havkin

10:00 AM

2:18-11774


Designed to Move, LLC


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18; 5-3-18; 5-31-18


Docket 11

*** VACATED *** REASON: CASE DISMISSED 8-23-18

Tentative Ruling:

Party Information

Debtor(s):

Designed to Move, LLC Represented By

Dennis E McGoldrick

10:00 AM

2:18-18155

James Anthony Startz

Chapter 11

#3.00 Scheduling and Case Management Conference in a Chapter 11 Case

Docket 23


Tentative Ruling:

None.

Party Information

Debtor(s):

James Anthony Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

10:00 AM

2:17-10870


Cedric Leonardi


Chapter 11


#4.00 Motion to Enforce Order and Settlement fr. 9-6-18

Docket 237


Tentative Ruling:

None.

Party Information

Debtor(s):

Cedric Leonardi Represented By Leslie A Cohen

Mark E Goodfriend

10:00 AM

2:16-10656


Aurora Bartola Gutierrez


Chapter 11


#5.00 Post Confirmation Status Conference fr. 6-8-17; 10-5-17, 1-18-18, 5-10-18

Docket 143


Tentative Ruling:

None.

Party Information

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

2:17-11076


Bernice Morales


Chapter 11


#6.00 Post Confirmation Status Conference fr 8-30-18

Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:14-19737


Christopher Smith


Chapter 11


#7.00 Motion by Reorganized Debtor for Entry of Discharge and Entry of Final Decree


Docket 189


Tentative Ruling:

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.

Party Information

Debtor(s):

Christopher Smith Represented By Matthew D. Resnik

M. Jonathan Hayes Roksana D. Moradi-Brovia

10:00 AM

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#8.00 Application for Compensation for Giovanni Orantes, Debtor's Attorney


Docket 104


Tentative Ruling:

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.


Party Information

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

2:17-23881


Benjamin Isaac Menjivar and Sara Aura Menjivar


Chapter 11


#9.00 Application for Compensation for PFS Accounting, LLP as Accountant


Docket 106


Tentative Ruling:

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.


Party Information

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

2:18-17080


Javier Valle


Telephonic Hearing


Chapter 11

#10.00 Motion for Setting Property Value Re:

7354 Morning Hills Drive, Corona, CA 92880


Erin M McCartney to appear by telephone


Docket 15


Tentative Ruling:

None.

Party Information

Debtor(s):

Javier Valle Represented By

Kevin Tang

10:00 AM

2:18-14499


Asher Wagh


Chapter 11


#11.00 First and Final Application for Compensation and Reimbursement of Expenses of Michael Jay Berger Debtor's Attorney


fr. 8-16-18


Docket 39


Tentative Ruling:

None.

Party Information

Debtor(s):

Asher Wagh Represented By

Michael Jay Berger

10:00 AM

2:18-14499


Asher Wagh


Chapter 11


#12.00 Motion For Sanctions awarded against Asher Wagh and Debtor's Counsel Michael Jay Berger for filing a Chapter 11 Bankruptcy Petition in bad faith


Docket 48


Tentative Ruling:

None.

Party Information

Debtor(s):

Asher Wagh Represented By

Michael Jay Berger

10:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#13.00 Motion for Order Approving Use of Cash Collateral of Preferred Bank


fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18

8-16-18; 9-6-18


Docket 2


Tentative Ruling:

This hearing is continued to September 28, 2018 at 10:00 a.m.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#14.00 Motion for Order Approving Extension of Time

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

Tentative Ruling:

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.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:18-15972

Playhut, Inc.

Chapter 11

#15.00 Scheduling and Case Management Conference in a Chapter 11 Case

Fr. 7-19-18; 8-16-18; 9-6-18

Docket 15


Tentative Ruling:

This matter is continued to September 28, 2018 at 10:00 a.m.

Party Information

Debtor(s):

Playhut, Inc. Represented By

Robert P Goe Stephen Reider

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#16.00 Motion to Intervene


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Anthony J Napolitano


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467

Holy Hill Community Church et al v. Zemer et al

Telephonic Hearing

#17.00 Status Conference re Removal of Action


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

Tentative Ruling:

None.


Party Information

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

CONT...


Holy Hill Community Church


Anthony J Napolitano


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11


#18.00 Principal's Motion Objecting To Palisades

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

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

9/6/18

Tentative Ruling:


Party Information

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

2:17-22432


Point.360, a California Corporation

Telephonic Hearing


Chapter 11

#19.00 Motion for Allowance and Immediate Payment of Administrative Expense Claim Pursuant to 11 USC § 503(b)(1)(A)


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


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#20.00 Debtor's Disclosure Statement Describing Chapter 11 Plan


fr. 6-28-18; 8-23-18; 9-6-18


Docket 232


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#21.00 Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) in addition to Motion to Approve Compromise Under Rule 9019


Docket 320


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#22.00 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18; 9-6-18


Docket 15


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau

10:00 AM

2:17-22432


Point.360, a California Corporation


Chapter 11


#23.00 Motion to Assume Lease or Executory Contract re Wilcon Operations, LLC Contracts, in addition to Motion to approve compromise


Docket 329


Tentative Ruling:

None.

Party Information

Debtor(s):

Point.360, a California Corporation Represented By

Lewis R Landau Daniel P Hogan

2:00 PM

2:18-11408


Maria E Sedan


Chapter 7


#1.00 Trustee's Final Report and Applications for Compensation


John Menchaca, Trustee


Docket 23


Tentative Ruling:

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

CONT...


Maria E Sedan


Chapter 7

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.


Party Information

Debtor(s):

Maria E Sedan Represented By

Michael H Colmenares

Trustee(s):

John J Menchaca (TR) Pro Se

2:00 PM

2:12-46306


Gerald Marquis Antoine


Chapter 7


#2.00 Motion to Avoid Lien Judicial Lien with Commercial Lending Resources, Inc.; Pawnee Leasing Corporation; Logan Mortgage, Inc.; Presentation Products, Inc.;

A/V Products, Inc.; DBL Distributing; First American Payment Systems L.P; Fedex Freight East; American Express Bank FSB; Leaf Funding, Inc.


Docket 45


Tentative Ruling:

The valuation motion is DENIED without prejudice. The court finds the motion deficient for the following reasons:


  1. 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.


  2. 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.).


  3. 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.


  4. 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

CONT...


Gerald Marquis Antoine


Chapter 7

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.

Party Information

Debtor(s):

Gerald Marquis Antoine Represented By Alon Darvish

Trustee(s):

Wesley H Avery (TR) Pro Se

10:00 AM

2:18-12055


4402 Mammoth Investors, LLC


Chapter 11


#1.00 EVIDENTIARY HEARING RE Motion for

relief from stay [RP]


STONEHAVEN LLC VS

DEBTOR


Docket 30

*** VACATED *** REASON: O/S 9-6-18 CONTINUED TO 11/9/18 @ 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

4402 Mammoth Investors, LLC Represented By Mark T Young

Movant(s):

Stonehaven LLC Represented By Michael H Weiss

10:00 AM

2:18-15972


Playhut, Inc.


Chapter 11


#2.00 Emergency Motion for entry of an Order :


(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,

  1. Approving Certain Bidding Procedures, Assumption and Assignment Procedures, and the form and Manner of Notice Thereof,

  2. 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


Tentative Ruling:

Party Information

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

2:16-26457


Mark Anthony Reyes


Chapter 13


#13.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Docket 30


Tentative Ruling:

None.

Party Information

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

2:17-14509


Karla Aidee Castro


Chapter 13


#14.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 43


Tentative Ruling:

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.

Party Information

Debtor(s):

Karla Aidee Castro Represented By William G Cort

10:00 AM

CONT...

Movant(s):


Karla Aidee Castro


Chapter 13

Deutsche Bank National Trust Represented By Tyneia Merritt

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-21839


Blanca Olivia Lopez


Chapter 13


#15.00 Motion for relief from stay [RP]


HSBC BANK USA, NATIONAL ASSOCIATION VS

DEBTOR


Docket 21

Tentative Ruling:

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.

Party Information

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

2:18-22082


Henry Kang


Chapter 13


#16.00 Motion for relief from stay [RP]


U.S. BANK NATIONAL ASSOCIATION VS

DEBTOR


Case dismissed 11/2/18


Docket 13


Tentative Ruling:

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

CONT...


Henry Kang


Chapter 13

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.

Party Information

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

2:18-22555


Elizabeth Millan


Chapter 13


#17.00 Motion for relief from stay [RP]


TRINITY FINANCIAL SERVICES, LLC VS

DEBTOR


Docket 16


Tentative Ruling:

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

CONT...


Debtor(s):


Elizabeth Millan


Party Information


Chapter 13

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

2:18-22906


Edgar Enrique Morales


Chapter 13


#18.00 Motion for relief from stay [RP]


DEUTSCHE BANK NATIONAL TRUST COMPANY

VS DEBTOR


Docket 15


Tentative Ruling:

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

CONT...


Debtor(s):


Edgar Enrique Morales

Party Information


Chapter 13

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

2:15-25548


Rassoul Yazdipour


Chapter 13


#19.00 Motion for relief from stay


RASSOUL YAZDIPOUR VS

DEBTOR


Docket 35


Tentative Ruling:

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

CONT...


Rassoul Yazdipour

The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.


Chapter 13

All other relief is denied.


The movant shall upload an appropriate order via the Court’s LOU system.

Party Information

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

2:18-23635


Pete Gomez and Anna Maria Gomez


Chapter 13


#20.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 15


Tentative Ruling:

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

CONT...


Pete Gomez and Anna Maria Gomez


Chapter 13

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.

Party Information

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

2:18-22685


Judith Ann McKendry


Chapter 7


#21.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


Docket 9


Tentative Ruling:

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.

Party Information

Debtor(s):

Judith Ann McKendry Represented By Kevin T Simon

Movant(s):

Toyota Motor Credit Corporation, Represented By

10:00 AM

CONT...


Trustee(s):


Judith Ann McKendry


Austin P Nagel


Chapter 7

Carolyn A Dye (TR) Pro Se

10:00 AM

2:18-22192


Christopher G Schuck


Chapter 7


#22.00 Motion for relief from stay [RP]


MADISON REVOLVING TRUST 2017 VS

DEBTOR


Docket 21


Tentative Ruling:

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

CONT...


Christopher G Schuck


Chapter 7

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.

Party Information

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

2:17-22432


Point.360, a California Corporation


Chapter 11


#23.00 Motion for relief from stay [PP]


TOYOTA MOTOR CREDIT CORPORATION VS

DEBTOR


fr 11-6-18; 11-27-18


Docket 364


Tentative Ruling:

None.

Party Information

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

2:18-12153


Jose Gonzalez


Chapter 7

Adv#: 2:18-01160 State Compensation Insurance Fund v. Gonzalez


#1.00 Status Conference re Complaint to determine dischargeability of debt


fr. 8-14-18; 12-18-18


Docket 1


Tentative Ruling:

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.


Party Information

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

2:17-10922


Luis Posada


Chapter 7

Adv#: 2:18-01341 Avery v. Posada et al


#2.00 Status Conference re Complaint for; avoidance of postpetition transfer; avoidance of fraudulent transfer; recovery of avoided transfer; permission to sell real property in which non-debtor assert an interest; turnover; injunctive relief


Docket 1


Tentative Ruling:

None.

Party Information

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

2:17-25759


Michael T Hong


Chapter 7

Adv#: 2:18-01093 Wike v. Hong


#3.00 Status Conference re Complaint to determine of debt


FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18

12-4-18


Docket 1


Tentative Ruling:

None.

Party Information

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

2:12-45430


Charles Olisekeni Anyadike


Chapter 11

Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al


#4.00 Status Conference re Complaint for:

  1. declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan

  2. injunctive or other equitable relief fr 10-2-18; 11-6-18

Docket 1


Tentative Ruling:

None.

Party Information

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


Wednesday, December 19, 2018

Hearing Room

1375


11:00 AM

2:18-11052


Joseph Hoats


Chapter 13


#1.00 EVIDENTIARY HEARING RE Objection to

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

*** VACATED *** REASON: WITHDRAWAL OF CLAIM FILED 12/14/18

Party Information

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

2:17-19976


Francisco Dela Cruz Peralta


Chapter 7


#1.00 Motion for Denial of Discharge pursuant to 11 U.S.C.Section 727(a)(8), (a)(9), and Section 1328(f))


Docket 36


Tentative Ruling:

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.

Party Information

Debtor(s):

Francisco Dela Cruz Peralta Pro Se

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:18-21514


Carla Langley


Chapter 11


#2.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Carla Langley Represented By Kevin Tang

10:00 AM

2:18-21921


Evaristo Ortiz


Telephonic Hearing


Chapter 11

#3.00 Scheduling and Case Management Conference in a Chapter 11 Case


Shana Stark to appear by telephone


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Evaristo Ortiz Represented By

Anthony Obehi Egbase

10:00 AM

2:18-22541


LION SOLAR, LLC


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

LION SOLAR, LLC Represented By Michael H Weiss

10:00 AM

2:18-15972


PH DIP, Inc


Telephonic Hearing


Chapter 11

#5.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Tentative Ruling:

None.

Party Information

Debtor(s):

PH DIP, Inc Represented By

Robert P Goe Stephen Reider

10:00 AM

2:17-16215


Lilia Nuno


Chapter 11


#5.10 U.S. Trustee Motion to dismiss or convert Under 11 U.S.C. 1112(b)(1) or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon


fr. 5-31-18; 6-14-18; 7-5-18; 10-4-18; 12-6-18


Docket 105


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

10:00 AM

2:17-16215


Lilia Nuno


Chapter 11


#5.20 Debtor's Disclosure Statement Describing

First Amended Chapter 11 Plan of Reorganization fr 12-6-18

Docket 143


Tentative Ruling:

None.

Party Information

Debtor(s):

Lilia Nuno Represented By

Thomas B Ure

10:00 AM

2:14-21070


Holy Hill Community Church


Chapter 11


#6.00 Principal's Motion For Order Approving Settlement Agreement With Downtown Capital, LLC, Alpine Parking Services, LLC, And 1111 Sunset, LLC


Docket 684


Tentative Ruling:

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.

Party Information

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al


#7.00 Motion to Intervene


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

Tentative Ruling:

None.

Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:14-21070


Holy Hill Community Church


Chapter 11

Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al


#8.00 Status Conference re Removal of Action


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

Tentative Ruling:

None.


Party Information

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

CONT...


Holy Hill Community Church


Chapter 11

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

2:16-10656


Aurora Bartola Gutierrez


Chapter 11


#9.00 Post Confirmation Status Conference


fr. 6-8-17; 10-5-17, 1-18-18, 5-10-18; 9-20-18


Docket 143


Tentative Ruling:

This status conference is taken OFF CALENDAR. The court entered an order closing this case on an interim basis. Appearances waived.

Party Information

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

2:17-11076


Bernice Morales


Chapter 11


#10.00 Post Confirmation Status Conference fr 8-30-18; 9-20-18

Shana Stark to appear by telephone


Docket 0


Tentative Ruling:

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.

Party Information

Debtor(s):

Bernice Morales Represented By

Anthony Obehi Egbase Crystle J Lindsey Edith Walters

Clarissa D Cu Robert Rosvall

10:00 AM

2:17-19369


Winston O'Mally


Telephonic Hearing


Chapter 11

#11.00 Post Confirmation Status Conference


Frank Alvarado to appear by telephone


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Winston O'Mally Represented By Frank J Alvarado

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#11.10 Application for Compensation for Legal Services Rendered and Reimbursement of Expenses Incurred by Debtor-in-Possession thereof for Onyinye N Anyama, Debtor's Attorney


fr 12-6-18


Docket 92


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

10:00 AM

2:17-20543


Rafael Ayala Gutierrez


Chapter 11


#12.00 Post Confirmation Status Conference fr. 10-18-18; 11-15-18


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Rafael Ayala Gutierrez Represented By Onyinye N Anyama

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#13.00 Motion for approval of chapter 11 disclosure statement


Docket 108


Tentative Ruling:

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.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle Jane Lindsey

W. Sloan Youkstetter

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#14.00 Motion for Setting Property Value RE:

1834 S.Marengo Ave., Apt. 33, Alhambra, CA fr. 8-16-18; 10-4-18; 10-18-18; 11-8-18


Docket 50


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle Jane Lindsey

W. Sloan Youkstetter

10:00 AM

2:18-11592


Wajida Alhambra


Chapter 11


#14.10 Scheduling and Case Management Conference in a Chapter 11 Case


fr. 4-12-18; 9-6-18; 12-13-18


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Wajida Alhambra Represented By

Anthony Obehi Egbase Crystle J Lindsey

W. Sloan Youkstetter

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#15.00 Application for Compensation for Giovanni Orantes, Debtor's Attorney


Docket 494


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#16.00 Application for Payment of Final Fees and/or Expenses for Joseph Rodrigues, Ombudsman Health


Docket 504


Tentative Ruling:

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.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#17.00 Application for Payment of Final Fees and/or Expenses for Eddie Rodriguez, Accountant


Docket 503


Tentative Ruling:

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.

Party Information

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#18.00 Post Confirmation Status Conference


Docket 0


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-13634


Baldwin Park Congregate Home, Inc.


Chapter 11


#19.00 Motion in Chapter 11 Case for Entry of: Final Decree and Order Closing Case


Docket 507


Tentative Ruling:

None.

Party Information

Debtor(s):

Baldwin Park Congregate Home, Represented By

Giovanni Orantes Luis A Solorzano

10:00 AM

2:17-14484


RPM Harbor Services, Inc.

Telephonic Hearing


Chapter 11

#20.00 Third and Final Application of Levene, Neale, Bender, Yoo & Brill L.L.P., Counsel for Official Committee of Unsecured Creditors, For Approval of Fees and Reimbursement of Expenses


Vanessa Haberbush to appear by telephone


Docket 387


Tentative Ruling:

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.



Party Information

Debtor(s):

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#21.00 Third Interim and Final Application of CohnReznick LLP, Financial Advisor To The Official Committee of Unsecured Creditors, For Approval of Fees and Reimbursement of Expenses


Docket 388


Tentative Ruling:

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.

Party Information

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#22.00 Application for Payment of Final Fees and/ or Expenses for Haberbush & Associates, LLP, Debtor's Attorney


Docket 391


Tentative Ruling:

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.

Party Information

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:17-14484


RPM Harbor Services, Inc.


Chapter 11


#23.00 Final Fee Application for Compensation for Legal Services Rendered and Reimbusement of Expenses by Scopelitis, Garvin, Light, Hanson & Feary, P.C Special Counsel


Docket 392


Tentative Ruling:

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.

Party Information

RPM Harbor Services, Inc. Represented By

Vanessa M Haberbush Lane K Bogard

David R Haberbush

10:00 AM

2:18-20780


Marine Akrabian


Telephonic Hearing


Chapter 13

#1.00 Motion for relief from stay [RP]


WEST COAST SERVICING, INC VS

DEBTOR fr. 12-4-18

Julian K. Bach to appear by telephone


Docket 29


Tentative Ruling:

This matter is CONTINUED to January 15, 2019 at 10:00 a.m.

Appearances waived.

Party Information

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

2:18-24419


Debra Elaine Legans


Chapter 13


#2.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 10


Tentative Ruling:

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

CONT...


Debra Elaine Legans


Chapter 13

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.

Party Information

Debtor(s):

Debra Elaine Legans Represented By Matthew D. Resnik

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:18-24474


Alma Valencia


Chapter 13


#3.00 Motion in Individual Case for Order Imposing a Stay or Continuing Stay as the Court Deems Appropriate


Docket 6


Tentative Ruling:

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

CONT...


Alma Valencia


Chapter 13

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.

Party Information

Debtor(s):

Alma Valencia Represented By Jaime A Cuevas Jr.

Trustee(s):

Nancy K Curry (TR) Pro Se

10:00 AM

2:13-24363


Even St. Productions Ltd.

Telephonic Hearing


Chapter 11

#4.00 Debtors' Motion For Orders: (1) Authorizing Debtors To Use Proceeds From Sale Of Assets To Pay Expenses And Establish Reserves; And (2) Entering Final Decrees Closing These Bankruptcy Cases And Retaining Jurisdiction


Reed S. Waddell to appear by telephone


Docket 1145


Tentative Ruling:

None.

Party Information

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

2:13-24363


Even St. Productions Ltd.


Chapter 11


#5.00 Motion For Entry of An Order Approving Settlement Agreement And Mutual Release, As Amended, Pursuant To Rule 9019 of The Federal Rules of Bankruptcy Procedure


Docket 1151


Tentative Ruling:

None.

Party Information

Debtor(s):

Even St. Productions Ltd. Represented By David L. Neale

Krikor J Meshefejian Maryann R Marzano Loeb & Loeb

Krikor J Meshefejian